106th CONGRESS
2d Session
S. 2552
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2001 for defense activities
of the Department of Energy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy National
Security Act for Fiscal Year 2001''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Energy employees compensation initiative.
Sec. 3106. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfer of defense environmental management funds.
Subtitle C--National Nuclear Security Administration
Sec. 3131. Term of office of person first appointed as Under Secretary
for Nuclear Security of the Department of
Energy.
Sec. 3132. Membership of Under Secretary for Nuclear Security on the
Joint Nuclear Weapons Council.
Sec. 3133. Scope of authority of Secretary of Energy to modify
organization of National Nuclear Security
Administration.
Sec. 3134. Prohibition on pay of personnel engaged in concurrent
service or duties inside and outside
National Nuclear Security Administration.
Sec. 3135. Organization plan for field offices of the National Nuclear
Security Administration.
Sec. 3136. Future-years nuclear security program.
Sec. 3137. Cooperative research and development of the National Nuclear
Security Administration.
Sec. 3138. Construction of National Nuclear Security Administration
operations office complex.
Subtitle D--Program Authorizations, Restrictions, and Limitations
Sec. 3151. Processing, treatment, and disposition of legacy nuclear
materials.
Sec. 3152. Formerly Utilized Sites Remedial Action Program.
Sec. 3153. Department of Energy defense nuclear nonproliferation
programs.
Sec. 3154. Modification of counterintelligence polygraph program.
Sec. 3155. Employee incentives for employees at closure project
facilities.
Sec. 3156. Conceptual design for Subsurface Geosciences Laboratory at
Idaho National Engineering and
Environmental Laboratory, Idaho Falls,
Idaho.
Sec. 3157. Tank Waste Remediation System, Hanford Reservation,
Richland, Washington.
Sec. 3158. Report on national ignition facility, Lawrence Livermore
National Laboratory, Livermore, California.
Subtitle E--National Laboratories Partnership Improvement Act
Sec. 3161. Short title.
Sec. 3162. Definitions.
Sec. 3163. Technology Infrastructure Pilot Program.
Sec. 3164. Small business advocacy and assistance.
Sec. 3165. Technology partnerships ombudsman.
Sec. 3166. Studies related to improving mission effectiveness,
partnerships, and technology transfer at
National Laboratories.
Sec. 3167. Other transactions authority.
Sec. 3168. Conformance with NNSA organizational structure.
Sec. 3169. Arctic energy.
Subtitle F--Other Matters
Sec. 3171. Extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Sec. 3172. Updates of report on nuclear test readiness postures.
Sec. 3173. Frequency of reports on inadvertent releases of Restricted
Data and Formerly Restricted Data.
Sec. 3174. Form of certifications regarding the safety or reliability
of the nuclear weapons stockpile.
Sec. 3175. Engineering and manufacturing research, development, and
demonstration by plant managers of certain
nuclear weapons production plants.
Sec. 3176. Cooperative research and development agreements for
Government-owned, contractor-operated
laboratories.
Sec. 3177. Commendation of Department of Energy and contractor
employees for exemplary service in
stockpile stewardship and security.
Sec. 3178. Adjustment of threshold requirement for submission of
reports on advanced computer sales to Tier
III foreign countries.
Subtitle G--Russian Nuclear Complex Conversion
Sec. 3191. Short title.
Sec. 3192. Findings.
Sec. 3193. Expansion and enhancement of Nuclear Cities Initiative.
Sec. 3194. Sense of Congress on the establishment of a National
Coordinator for Nonproliferation Matters.
Sec. 3195. Definitions.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Defense Nuclear Facilities Safety Board.
TITLE XXXIII--NAVAL PETROLEUM RESERVES
Sec. 3301. Minimum price of petroleum sold from the naval petroleum
reserves.
Sec. 3302. Repeal of authority to contract for cooperative or unit
plans affecting Naval Petroleum Reserve
Numbered 1.
Sec. 3303. Land transfer and restoration.
TITLE XXXIV--NATIONAL DEFENSE STOCKPILE
Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Increased receipts under prior disposal authority.
Sec. 3403. Disposal of titanium.
TITLE XXXV--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
Sec. 3501. Short title.
Sec. 3502. Construction with other laws.
Sec. 3503. Definitions.
Sec. 3504. Expansion of list of beryllium vendors and means of
establishing covered beryllium illnesses.
Subtitle A--Beryllium, Silicosis, and Radiation Compensation
Sec. 3511. Exposure to hazards in the performance of duty.
Sec. 3512. Advisory board on radiation and worker health.
Sec. 3513. Designation of additional members of the Special Exposure
Cohort.
Sec. 3514. Authority to provide compensation and other assistance.
Sec. 3515. Alternative compensation.
Sec. 3516. Submittal of claims.
Sec. 3517. Adjudication and administration.
Subtitle B--Exposure to Other Toxic Substances
Sec. 3521. Definitions.
Sec. 3522. Agreements with States.
Subtitle C--General Provisions
Sec. 3531. Treatment of compensation and benefits.
Sec. 3532. Forfeiture of benefits by convicted felons.
Sec. 3533. Limitation on right to receive benefits.
Sec. 3534. Coordination of benefits--State workers' compensation.
Sec. 3535. Coordination of benefits--Federal workers' compensation.
Sec. 3536. Receipt of benefits--other statutes.
Sec. 3537. Dual compensation--Federal employees.
Sec. 3538. Dual compensation--other employees.
Sec. 3539. Exclusivity of remedy against the United States,
contractors, and subcontractors.
Sec. 3540 Election of remedy against beryllium vendors and atomic
weapons employers.
Sec. 3541. Subrogation of the United States.
Sec. 3542. Energy Employees' Occupational Illness Compensation Fund.
Sec. 3543. Effective date.
Sec. 3544. Technical and conforming amendments.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2001 for national nuclear
security administration in carrying out programs necessary for national
security in the amount of $6,289,835,000, to be allocated as follows:
(1) Weapons activities.--For weapons activities necessary
for national nuclear security administration, $4,747,800,000,
to be allocated as follows:
(A) Stewardship operation and maintenance.--For
stewardship operation and maintenance in carrying out
weapons activities necessary for national nuclear
security administration, $3,822,383,000, to be
allocated as follows:
(i) For directed stockpile work,
$842,603,000.
(ii) For campaigns, $1,471,982,000.
(iii) For readiness in technical base and
facilities, $1,507,798,000.
(B) Secure transportation assets.--For secure
transportation assets in carrying out weapons
activities necessary for national nuclear security
administration, $115,673,000, to be allocated as
follows:
(i) For operation and maintenance,
$79,357,000.
(ii) For program direction (secure
transportation), $36,316,000.
(C) Program direction.--For program direction in
carrying out weapons activities necessary for national
nuclear security administration, $221,257,000.
(D) Construction.--For construction (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and
land acquisition related thereto) in carrying out
weapons activities necessary for national nuclear
security administration, $588,173,000, to be allocated
as follows:
Project 01-D-101, distributed information
systems laboratory, Sandia National
Laboratories, Livermore, California,
$2,300,000.
Project 01-D-103, preliminary project
design and engineering, various locations,
$14,500,000.
Project 01-D-124, highly enriched uranium
(HEU) materials facility, Y-12 Plant, Oak
Ridge, Tennessee, $17,800,000.
Project 01-D-126, weapons evaluation test
laboratory, Pantex Plant, Amarillo, Texas,
$3,000,000.
Project 00-D-103, terascale simulation
facility, Lawrence Livermore National
Laboratory, Livermore, California, $5,000,000.
Project 00-D-105, strategic computing
complex, Los Alamos National Laboratory, Los
Alamos, New Mexico, $56,000,000.
Project 00-D-107, joint computational
engineering laboratory, Sandia National
Laboratories, Albuquerque, New Mexico,
$6,700,000.
Project 99-D-103, isotope sciences
facilities, Lawrence Livermore National
Laboratory, Livermore, California, $5,000,000.
Project 99-D-104, protection of real
property (roof reconstruction, Phase II)
Lawrence Livermore National Laboratory,
Livermore, California, $2,800,000.
Project 99-D-106, model validation and
systems certification test center, Sandia
National Laboratories, Albuquerque, New Mexico,
$5,200,000.
Project 99-D-108, renovate existing
roadways, Nevada Test Site, Nevada, $2,000,000.
Project 99-D-125, replace boilers and
controls, Kansas City Plant, Kansas City,
Missouri, $13,000,000.
Project 99-D-127, stockpile management
restructuring initiative, Kansas City Plant,
Kansas City, Missouri, $23,765,000.
Project 99-D-128, stockpile management
restructuring initiative, Pantex Plant
consolidation, Amarillo, Texas, $4,998,000.
Project 99-D-132, stockpile management
restructuring initiative, nuclear materials
safeguards and security upgrades project, Los
Alamos National Laboratory, Los Alamos, New
Mexico, $18,043,000.
Project 98-D-123, stockpile management
restructuring initiative, tritium facility
modernization and consolidation, Savannah River
Site, Aiken, South Carolina, $30,767,000.
Project 98-D-125, tritium extraction
facility, Savannah River Site, Aiken, South
Carolina, $75,000,000.
Project 98-D-126, Accelerator Production of
Tritium (APT), various locations, $34,000,000.
Project 97-D-102, dual-axis radiographic
hydrotest facility (DARHT), Los Alamos National
Laboratory, Los Alamos, New Mexico,
$35,232,000.
Project 97-D-123, structural upgrades,
Kansas City Plant, Kansas City, Missouri,
$2,918,000.
Project 96-D-111, national ignition
facility (NIF), Lawrence Livermore National
Laboratory, Livermore, California,
$214,100,000.
Project 95-D-102, chemistry and metallurgy
research upgrades project, Los Alamos National
Laboratory, Los Alamos, New Mexico,
$13,337,000.
Project 88-D-123, security enhancement,
Pantex Plant, Amarillo, Texas, $2,713,000.
(2) Defense nuclear nonproliferation.--For defense nuclear
nonproliferation necessary for national nuclear security
administration, $847,035,000, to be allocated as follows:
(A) Nonproliferation and verification research and
development.--For nonproliferation and verification
research and development technology in carrying out
defense nuclear nonproliferation necessary for national
nuclear security administration, $262,990,000, to be
allocated as follows:
(i) For operation and maintenance,
$255,990,000.
(ii) For the following plant project
(including maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $7,000,000, to be allocated
as follows:
Project 00-D-192, nonproliferation
and international security center
(NISC), Los Alamos National Laboratory,
Los Alamos, New Mexico, $7,000,000.
(B) Arms control.--For arms control in carrying out
defense nuclear nonproliferation necessary for national
nuclear security administration, $308,060,000, to be
allocated as follows:
(i) For arms control operations,
$272,870,000.
(ii) For highly enriched uranium (HEU)
transparency implementation, $15,190,000.
(iii) For international nuclear safety,
$20,000,000.
(C) Fissile materials disposition.--For fissile
materials disposition in carrying out defense nuclear
nonproliferation necessary for national nuclear
security administration, $224,517,000, to be allocated
as follows:
(i) For operation and maintenance,
$175,517,000.
(ii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $49,000,000, to be allocated
as follows:
Project 00-D-142, immobilization
and associated processing facility,
titles I and II design, Savannah River
Site, Aiken, South Carolina,
$3,000,000.
Project 99-D-141, pit disassembly
and conversion facility, titles I and
II design, Savannah River Site, Aiken,
South Carolina, $20,000,000.
Project 99-D-143, mixed oxide fuel
fabrication facility, titles I and II
design, Savannah River Site, Aiken,
South Carolina, $26,000,000.
(D) Program direction.--For program direction in
carrying out defense nuclear nonproliferation necessary
for national nuclear security administration,
$51,468,000.
(3) Naval reactors.--For naval reactors activities
necessary for national nuclear security administration,
$695,000,000, to be allocated as follows:
(A) Naval reactors development.--For naval reactors
development in carrying out naval reactors activities
necessary for national nuclear security administration,
$673,600,000, to be allocated as follows:
(i) For operation and maintenance,
$644,900,000.
(ii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $28,700,000, to be allocated
as follows:
Project GPN-101, general plant
projects, various locations,
$11,400,000.
Project 01-D-200, major office
replacement building, Schenectady, New
York, $1,300,000.
Project 90-N-102, expended core
facility dry cell project, Naval
Reactors Facility, Idaho Falls, Idaho,
$16,000,000.
(B) Program direction.--For program direction in
carrying out naval reactors activities necessary for
national nuclear security administration, $21,400,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) In General.--Subject to subsection (b), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 2001 for environmental restoration and waste management activities
in carrying out programs necessary for national security in the amount
of $5,651,824,000, to be allocated as follows:
(1) Closure projects.--For closure projects carried out in
accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2836; 42 U.S.C. 7277n), $1,082,297,000
(2) Site/project completion.--For site completion and
project completion in carrying out environmental management
activities necessary for national security programs,
$930,951,000, to be allocated as follows:
(A) For operation and maintenance, $861,475,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $69,476,000, to be
allocated as follows:
Project 01-D-402, Intec cathodic protection
system expansion, Idaho National Engineering
and Environmental Laboratory, Idaho Falls,
Idaho, $500,000.
Project 01-D-407, highly enriched uranium
(HEU) blend down, Savannah River Site, Aiken,
South Carolina, $27,932,000.
Project 99-D-402, tank farm support
services, F&H areas, Savannah River Site,
Aiken, South Carolina, $7,714,000.
Project 99-D-404, health physics
instrumentation laboratory, Idaho National
Engineering and Environmental Laboratory, Idaho
Falls, Idaho, $4,300,000.
Project 98-D-453, plutonium stabilization
and handling system for plutonium finishing
plant, Richland, Washington, $1,690,000.
Project 97-D-470, regulatory monitoring and
bioassay laboratory, Savannah River Site,
Aiken, South Carolina, $3,949,000.
Project 96-D-471, chlorofluorocarbon
heating, ventilation, and air conditioning and
chiller retrofit, Savannah River Site, Aiken,
South Carolina, $12,512,000.
Project 92-D-140, F&H canyon exhaust
upgrades, Savannah River Site, Aiken, South
Carolina, $8,879,000.
Project 86-D-103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, Livermore, California, $2,000,000.
(3) Post 2006 completion.--For post-2006 completion in
carrying out environmental restoration and waste management
activities necessary for national security programs,
$3,178,457,000, to be allocated as follows:
(A) For operation and maintenance, $2,683,725,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $99,732,000, to be
allocated as follows:
Project 01-D-403, immobilized high-level
waste interim storage facility, Richland,
Washington, $1,300,000.
Project 99-D-403, privatization phase I
infrastructure support, Richland, Washington,
$7,812,000.
Project 97-D-402, tank farm restoration and
safe operations, Richland, Washington,
$46,023,000.
Project 94-D-407, initial tank retrieval
systems, Richland, Washington, $17,385,000.
Project 93-D-187, high-level waste removal
from filled waste tanks, Savannah River Site,
Aiken, South Carolina, $27,212,000.
(4) Science and technology development.--For science and
technology development in carrying out environmental
restoration and waste management activities necessary for
national security programs, $246,548,000.
(5) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs, $354,888,000.
(b) Adjustment.--The total amount authorized to be appropriated by
subsection (a) is the sum of the amounts authorized to be appropriated
by paragraphs (1) through (5) of that subsection, reduced by
$216,317,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Subject to subsection (b), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 2001 for other defense activities in carrying out programs
necessary for national security in the amount of $536,322,000, to be
allocated as follows:
(1) Intelligence.--For intelligence in carrying out other
defense activities necessary for national security programs,
$38,059,000, to be allocated as follows:
(A) For operation and maintenance, $36,059,000.
(B) For the following plant project (including
maintenance, restoration, planning, construction,
acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and
land acquisition related thereto), $2,000,000, to be
allocated as follows:
Project 01-D-800, sensitive compartmented
information facility, Lawrence Livermore
National Laboratory, Livermore, California,
$2,000,000.
(2) Counterintelligence.--For counterintelligence in
carrying out other defense activities necessary for national
security programs, $75,200,000.
(3) Security and emergency operations.--For security and
emergency operations in carrying out other defense activities
necessary for national security programs, $281,576,000, to be
allocated as follows:
(A) For nuclear safeguards and security,
$124,409,000.
(B) For security investigations, $33,000,000.
(C) For emergency management, $37,300,000.
(D) For program direction, $86,867,000.
(4) Independent oversight and performance assurance.--For
independent oversight and performance assurance in carrying out
other defense activities necessary for national security
programs, $14,937,000, to be allocated for program direction.
(5) Environment, safety, and health, defense.--For
environment, safety, and health, defense, in carrying out other
defense activities necessary for national security programs,
$99,050,000, to be allocated as follows:
(A) For the Office of Environment, Safety, and
Health (Defense), $76,446,000.
(B) For program direction, $22,604,000.
(6) Worker and community transition.--For worker and
community transition in carrying out other defense activities
necessary for national security programs, $24,500,000, to be
allocated as follows:
(A) For operation and maintenance, $21,500,000.
(B) For program direction, $3,000,000.
(7) Office of hearings and appeals.--For the Office of
Hearings and Appeals in carrying out other defense activities
necessary for national security programs, $3,000,000.
(b) Adjustments.--(1) The amount authorized to be appropriated
pursuant to subsection (a)(3)(B) is reduced by $20,000,000 to reflect
an offset provided by user organizations for security investigations.
(2) The total amount authorized to be appropriated by subsection
(a) is the sum of the amounts authorized to be appropriated by
paragraphs (1) through (7) of that subsection, reduced by $50,000,000.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2001 for privatization
initiatives in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $390,092,000, to be allocated as follows:
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $25,092,000.
Project 97-PVT-1, tank waste remediation system project,
phase I, Richland, Washington, $300,000,000.
Project 97-PVT-2, advanced mixed waste treatment project
Idaho Falls, Idaho, $65,000,000.
(b) Explanation of Adjustment.--The amount authorized to be
appropriated pursuant to subsection (a) is the sum of the amounts
authorized to be appropriated for the projects in that subsection
reduced by $25,092,000 for use of prior year balances of funds for
defense environmental management privatization.
SEC. 3105. ENERGY EMPLOYEES COMPENSATION INITIATIVE.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2001 for an energy employees compensation
initiative in the amount of $17,000,000.
SEC. 3106. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2001 for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)) in the amount of $112,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and a period of 30 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $ 1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
the proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for
an item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects authorized by
this title if the total estimated cost of the construction project does
not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $5,000,000, the Secretary shall
immediately furnish a report to the congressional defense committees
explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, authorized by 3101, 3102, or 3103, or which is in support of
national security programs of the Department of Energy and was
authorized by any previous Act, exceeds by more than 25 percent the
higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there is excluded any day on which either House of Congress is not in
session because of an adjournment of more than 3 days to a day certain.
(b) Exception.--Subsection (a) does not apply to a construction
project with a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy
may transfer funds authorized to be appropriated to the Department of
Energy pursuant to this title to other Federal agencies for the
performance of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the same purposes
and for the same time period as the authorizations of the Federal
agency to which the amounts are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to paragraph
(2), the Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to this title between
any such authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for the same
period as the authorization to which the amounts are transferred.
(2) Not more than 5 percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than 5 percent by a
transfer under such paragraph.
(c) Limitations.--The authority provided by this subsection to
transfer authorizations--
(1) may be used only to provide funds for items relating to
activities necessary for national security programs that have a
higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for which
Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall promptly
notify the Committees on Armed Services of the Senate and House of
Representatives of any transfer of funds to or from authorizations
under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement of Conceptual Design.--(1) Subject to paragraph (2)
and except as provided in paragraph (3), before submitting to Congress
a request for funds for a construction project that is in support of a
national security program of the Department of Energy, the Secretary of
Energy shall complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before
submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request
for funds--
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this title, the Secretary of Energy may carry out
construction design (including architectural and engineering services)
in connection with any proposed construction project if the total
estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000, funds for
that design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy pursuant to an authorization in this title,
including funds authorized to be appropriated for advance planning and
construction design under sections 3101, 3102, and 3103, to perform
planning, design, and construction activities for any Department of
Energy national security program construction project that, as
determined by the Secretary, must proceed expeditiously in order to
protect public health and safety, to meet the needs of national
defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a
report on the activities that the Secretary intends to carry out under
this section and the circumstances making those activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section 3121,
amounts appropriated pursuant to this title for management and support
activities and for general plant projects are available for use, when
necessary, in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when so
specified in an appropriations Act, amounts appropriated for operation
and maintenance or for plant projects may remain available until
expended.
(b) Exception for Program Direction Funds.--Amounts appropriated
for program direction pursuant to an authorization of appropriations in
subtitle A shall remain available to be expended only until the end of
fiscal year 2003.
SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of each field
office of the Department of Energy with the authority to transfer
defense environmental management funds from a program or project under
the jurisdiction of the office to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or from any
program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under
subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field
office under subsection (a) unless the manager determines that the
transfer is necessary to address a risk to health, safety, or the
environment or to assure the most efficient use of defense
environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used
for an item for which Congress has specifically denied funds or for a
new program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A program referred to or a project listed in
paragraphs (2) through (5) of section 3102(a).
(B) A program or project not described in
subparagraph (A) that is for environmental restoration
or waste management activities necessary for national
security programs of the Department, that is being
carried out by the office, and for which defense
environmental management funds have been authorized and
appropriated before the date of the enactment of this
Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant
to an authorization for carrying out environmental restoration
and waste management activities necessary for national security
programs.
(f) Duration of Authority.--The managers of the field offices of
the Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 2000, and ending on September
30, 2001.
Subtitle C--National Nuclear Security Administration
SEC. 3131. TERM OF OFFICE OF PERSON FIRST APPOINTED AS UNDER SECRETARY
FOR NUCLEAR SECURITY OF THE DEPARTMENT OF ENERGY.
(a) Length of Term.--The term of office as Under Secretary for
Nuclear Security of the Department of Energy of the person first
appointed to that position shall be three years.
(b) Exclusive Reasons for Removal.--The exclusive reasons for
removal from office as Under Secretary for Nuclear Security of the
person described in subsection (a) shall be inefficiency, neglect of
duty, or malfeasance in office.
(c) Position Described.--The position of Under Secretary for
Nuclear Security of the Department of Energy referred to in this
section is the position established by subsection (c) of section 202 of
the Department of Energy Organization Act (42 U.S.C. 7132), as added by
section 3202 of the National Nuclear Security Administration Act (title
XXXII of Public Law 106-65; 113 Stat. 954)).
SEC. 3132. MEMBERSHIP OF UNDER SECRETARY FOR NUCLEAR SECURITY ON THE
JOINT NUCLEAR WEAPONS COUNCIL.
(a) Membership.--Section 179 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking paragraph (3) and
inserting the following new paragraph (3):
``(3) The Under Secretary for Nuclear Security of the
Department of Energy.''; and
(2) in subsection (b)(2), by striking ``the representative
designated under subsection (a)(3)'' and inserting ``the Under
Secretary for Nuclear Security of the Department of Energy''.
(b) Conforming Amendment.--Section 3212 of the National Nuclear
Security Administration Act (title XXXII of the Public Law 106-65; 50
U.S.C. 2402) is amended by adding at the end the following new
subsection:
``(e) Membership on Joint Nuclear Weapons Council.--The
Administrator serves as a member of the Joint Nuclear Weapons Council
under section 179 of title 10, United States Code.''.
SEC. 3133. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY
ORGANIZATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Scope of Authority.--Subtitle A of the National Nuclear
Security Administration Act (title XXXII of Public Law 106-65; 113
Stat. 957; 50 U.S.C. 2401 et seq.) is amended by adding at the end the
following new section:
``SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY
ORGANIZATION OF ADMINISTRATION.
``Notwithstanding the authority granted by section 643 of the
Department of Energy Organization Act (42 U.S.C. 7253) or any other
provision of law, the Secretary of Energy may not establish, abolish,
alter, consolidate, or discontinue any organizational unit or
component, or transfer any function, of the Administration, except as
authorized by subsection (b) or (c) of section 3291.''.
(b) Conforming Amendments.--Section 643 of the Department of Energy
Organization Act (42 U.S.C. 7253) is amended--
(1) by striking ``The Secretary'' and inserting ``(a)
Subject to subsection (b), the Secretary''; and
(2) by adding at the end the following new subsection:
``(b) The authority of the Secretary to establish, abolish, alter,
consolidate, or discontinue any organizational unit or component of the
National Nuclear Security Administration is governed by the provisions
of section 3219 of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65).''.
SEC. 3134. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT
SERVICE OR DUTIES INSIDE AND OUTSIDE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
Subtitle C of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65; 50 U.S.C. 2441 et seq.) is amended
by adding at the end the following new section:
``SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT
SERVICE OR DUTIES INSIDE AND OUTSIDE ADMINISTRATION.
``Except as otherwise expressly provided by statute, no funds
authorized to be appropriated or otherwise made available for the
Department of Energy for any fiscal year after fiscal year 2000 may be
obligated or utilized to pay the basic pay of an officer or employee of
the Department of Energy who--
``(1) serves concurrently in a position in the
Administration and a position outside the Administration; or
``(2) performs concurrently the duties of a position in the
Administration and the duties of a position outside the
Administration.''.
SEC. 3135. ORGANIZATION PLAN FOR FIELD OFFICES OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Plan Required.--Not later than March 1, 2001, the Administrator
of the National Nuclear Security Administration shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a plan for assigning roles and responsibilities to and among the
headquarters and field organizational units of the National Nuclear
Security Administration.
(b) Plan Elements.--The plan shall include the following:
(1) A general description of the organizational structure
of the administrative functions of the National Nuclear
Security Administration under the plan, including the
authorities and responsibilities to be vested in the units of
the headquarters, operations offices, and area offices of the
Administration.
(2) A description of any downsizing, elimination, or
consolidation of units of the headquarters, operations offices,
and area offices of the Administration that may be necessary to
enhance the efficiency of the Administration.
(3) A description of the modifications of staffing levels
of the headquarters, operations offices, and area offices of
the Administration, including any reductions in force,
employment of additional personnel, or realignments of
personnel, that are necessary to implement the plan.
(4) A schedule for the implementation of the plan.
(c) Included Facilities.--The plan shall address any administrative
units in the National Nuclear Security Administration, including units
in and under the following:
(1) The Department of Energy Headquarters, Washington,
District of Columbia, metropolitan area.
(2) The Albuquerque Operations Office, Albuquerque, New
Mexico.
(3) The Nevada Operations Office, Las Vegas, Nevada.
(4) The Oak Ridge Operations Office, Oak Ridge, Tennessee.
(5) The Oakland Operations Office, Oakland, California.
(6) The Savannah River Operations Office, Aiken, South
Carolina.
(7) The Los Alamos Area Office, Los Alamos, New Mexico.
(8) The Kirtland Area Office, Albuquerque, New Mexico.
(9) The Amarillo Area Office, Amarillo, Texas.
(10) The Kansas City Area Office, Kansas City, Missouri.
SEC. 3136. FUTURE-YEARS NUCLEAR SECURITY PROGRAM.
(a) Program Required.--(1) The Under Secretary for Nuclear Security
of the Department of Energy shall submit to the congressional defense
committees a future-years nuclear security program (including
associated annexes) for fiscal year 2001 and the five succeeding fiscal
years.
(2) The program shall reflect the estimated expenditures and
proposed appropriations included in the budget for fiscal year 2001
that is submitted to Congress in 2000 under section 1105(a) of title
31, United States Code.
(b) Program Detail.--The level of detail of the program submitted
under subsection (a) shall be equivalent to the level of detail in the
Project Baseline Summary system of the Department of Energy, if
practicable, but in no event below the following:
(1) In the case of directed stockpile work, detail as
follows:
(A) Stockpile research and development.
(B) Stockpile maintenance.
(C) Stockpile evaluation.
(D) Dismantlement and disposal.
(E) Production support.
(F) Field engineering, training, and manuals.
(2) In the case of campaigns, detail as follows:
(A) Primary certification.
(B) Dynamic materials properties.
(C) Advanced radiography.
(D) Secondary certification and nuclear system
margins.
(E) Enhanced surety.
(F) Weapons system engineering certification.
(G) Certification in hostile environments.
(H) Enhanced surveillance.
(I) Advanced design and production technologies.
(J) Inertial confinement fusion (ICF) ignition and
high yield.
(K) Defense computing and modeling.
(L) Pit manufacturing readiness.
(M) Secondary readiness.
(N) High explosive readiness.
(O) Nonnuclear readiness.
(P) Materials readiness.
(Q) Tritium readiness.
(3) In the case of readiness in technical base and
facilities, detail as follows:
(A) Operation of facilities.
(B) Program readiness.
(C) Special projects.
(D) Materials recycle and recovery.
(E) Containers.
(F) Storage.
(4) In the case of secure transportation assets, detail as
follows:
(A) Operation and maintenance.
(B) Program direction relating to transportation.
(5) Program direction.
(6) Construction (listed by project number).
(7) In the case of safeguards and security, detail as
follows:
(A) Operation and maintenance.
(B) Construction.
(c) Deadline for Submittal.--The future-years nuclear security
program required by subsection (a) shall be submitted not later than
November 1, 2000.
(d) Limitation on Use of Funds Pending Submittal.--Not more than 65
percent of the funds authorized to be appropriated or otherwise made
available for the Department of Energy for fiscal year 2001 by section
3101(a)(1)(C) may be obligated or expended until 45 days after the date
on which the Under Secretary of Energy for Nuclear Security submits to
the congressional defense committees the program required by subsection
(a).
SEC. 3137. COOPERATIVE RESEARCH AND DEVELOPMENT OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Objective for Obligation of Funds.--It shall be an objective of
the Administrator of the National Nuclear Security Administration to
obligate funds for cooperative research and development agreements (as
that term is defined in section 12(d)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)), or similar
cooperative, cost-shared research partnerships with non-Federal
organizations, in a fiscal year covered by subsection (b) in an amount
at least equal to the percentage of the total amount appropriated for
the Administration for such fiscal year that is specified for such
fiscal year under subsection (b).
(b) Fiscal Year Percentages.--The percentages of funds appropriated
for the National Nuclear Security Administration that are obligated in
accordance with the objective under subsection (a) are as follows:
(1) In each of fiscal years 2001 and 2002, 0.5 percent.
(2) In any fiscal year after fiscal year 2002, the
percentage recommended by the Administrator for each such
fiscal year in the report under subsection (c).
(c) Recommendations for Percentages in Later Fiscal Years.--Not
later than one year after the date of the enactment of this Act, the
Administrator shall submit to the congressional defense committees a
report setting forth the Administrator's recommendations for
appropriate percentages of funds appropriated for the National Nuclear
Security Administration to be obligated for agreements described in
subsection (a) during each fiscal year covered by the report.
(d) Consistency of Agreements.--Any agreement entered into under
this section shall be consistent with and in support of the mission of
the National Nuclear Security Administration.
(e) Reports on Achievement of Objective.--(1) Not later than March
30, 2002, and each year thereafter, the Administrator shall submit to
the congressional defense committees a report on whether funds of the
National Nuclear Security Administration were obligated in the fiscal
year ending in the preceding year in accordance with the objective for
such fiscal year under this section.
(2) If funds were not obligated in a fiscal year in accordance with
the objective under this section for such fiscal year, the report under
paragraph (1) shall--
(A) describe the actions the Administrator proposes to take
to ensure that the objective under this section for the current
fiscal year and future fiscal years will be met; and
(B) include any recommendations for legislation required to
achieve such actions.
SEC. 3138. CONSTRUCTION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION
OPERATIONS OFFICE COMPLEX.
(a) Authority for Design and Construction.--Subject to subsection
(b), the Administrator of the National Nuclear Security Administration
may provide for the design and construction of a new operations office
complex for the National Nuclear Security Administration in accordance
with the feasibility study regarding such operations office complex
conducted under the National Defense Authorization Act for Fiscal Year
2000.
(b) Limitation.--The Administrator may not exercise the authority
in subsection (a) until the later of--
(1) 30 days after the date on which the plan required by
section 3135(a) is submitted to the Committees on Armed
Services of the Senate and House of Representatives under that
section; or
(2) the date on which the Administrator certifies to
Congress that the design and construction of the complex in
accordance with the feasibility study is consistent with the
plan required by section 3135(a).
(c) Basis of Authority.--The design and construction of the
operations office complex authorized by subsection (a) shall be carried
out through one or more energy savings performance contracts (ESPC)
entered into under this section and in accordance with the provisions
of title VIII of the National Energy Policy Conservation Act (42 U.S.C.
8287 et seq.).
(d) Payment of Costs.--Amounts for payments of costs associated
with the construction of the operations office complex authorized by
subsection (a) shall be derived from energy savings and ancillary
operation and maintenance savings that result from the replacement of a
current Department of Energy operations office complex (as identified
in the feasibility study referred to in subsection (a)) with the
operations office complex authorized by subsection (a).
Subtitle D--Program Authorizations, Restrictions, and Limitations
SEC. 3151. PROCESSING, TREATMENT, AND DISPOSITION OF LEGACY NUCLEAR
MATERIALS.
(a) Continuation.--The Secretary of Energy shall continue
operations and maintain a high state of readiness at the F-canyon and
H-canyon facilities at the Savannah River Site, Aiken, South Carolina,
and shall provide technical staff necessary to operate and so maintain
such facilities.
(b) Limitation on Use of Funds for Decommissioning of F-Canyon
Facility.--No amounts authorized to be appropriated or otherwise made
available for the Department of Energy by this Act or any other Act may
be obligated or expended for purposes of commencing the decommissioning
of the F-canyon facility at the Savannah River Site, including any
studies and planning relating to such decommissioning, until the
Secretary and the Defense Nuclear Facilities Safety Board jointly
submit to the congressional defense committees a certification as
follows:
(1) That all materials present in the facility as of the
date of the certification are safely stabilized.
(2) That requirements applicable to the facility in order
to meet the future needs of the United States for fissile
materials disposition can be met fully utilizing the H-canyon
facility at the Savannah River Site.
(c) Plan for Transfer of Long-Term Chemical Separation
Activities.--Not later than February 15, 2001, the Secretary shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a plan for the transfer of all long-term chemical
separation activities from the F-canyon facility to the H-canyon
facility at the Savannah River Site commencing in fiscal year 2002.
SEC. 3152. FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.
(a) Contingent Limitation on Availability of Funds for Certain
Travel Expenses.--Subject to the provisions of this section, no funds
authorized to be appropriated or otherwise made available for the
Department of Energy by this or any other Act may be obligated or
expended for travel by the Secretary of Energy or any employees of the
Office of the Secretary of Energy.
(b) Applicability.--The prohibition in subsection (a) shall take
effect on March 1, 2001, unless the Secretary of Energy makes a
certification to the congressional defense committees before that date
that the Department of Energy is in compliance with the requirements of
section 3131 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 113 Stat. 925; 10 U.S.C. 2701 note).
(c) Termination.--If the prohibition in subsection (a) takes effect
under subsection (b), the prohibition shall remain in effect until the
date on which the Secretary makes the certification described in
subsection (b).
SEC. 3153. DEPARTMENT OF ENERGY DEFENSE NUCLEAR NONPROLIFERATION
PROGRAMS.
(a) Nuclear Materials Protection, Control, and Accounting
Program.--(1) Not later than January 1, 2001, and each year thereafter,
the Secretary of Energy shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
status of efforts during the preceding fiscal year under the Nuclear
Materials Protection, Control, and Accounting Program of the Department
of Energy to secure weapons-usable nuclear materials in Russia that
have been identified as being at risk for theft or diversion.
(2) Each report under paragraph (1) shall set forth the following:
(A) The number of buildings, including building locations,
that received complete and integrated materials protection,
control, and accounting systems for nuclear materials described
in paragraph (1) during the year covered by such report.
(B) The amounts of highly enriched uranium and plutonium in
Russia that have been secured under systems described in
subparagraph (A) as of the date of such report.
(C) The amount of nuclear materials described in paragraph
(1) that continues to require securing under systems described
in subparagraph (A) as of the date of such report.
(D) A plan for actions to secure the nuclear materials
identified in subparagraph (C) under systems described in
subparagraph (A), including an estimate of the cost of such
actions.
(E) The amounts expended through the fiscal year preceding
the date of such report to secure nuclear materials described
in paragraph (1) under systems described in subparagraph (A),
set forth by total amount and by amount per fiscal year.
(3)(A) No amounts authorized to be appropriated for the Department
of Energy by this Act or any other Act for purposes of the Nuclear
Materials Protection, Control, and Accounting Program may be obligated
or expended after September 30, 2000, for any project under the program
at a nuclear weapons complex in Russia until the Secretary submits to
the Committees on Armed Services of the Senate and House of
Representatives a report on the access policy established with respect
to such project, including a certification that the access policy has
been implemented.
(B) The access policy with respect to a project under this
paragraph shall--
(i) permit appropriate determinations by United States
officials regarding security requirements, including security
upgrades, for the project; and
(ii) ensure verification by United States officials that
Department of Energy assistance at the project is being used
for the purposes intended.
(b) Nuclear Cities Initiative.--(1)(A) Except as provided in
subparagraph (B), no amounts authorized to be appropriated or otherwise
made available for the Department of Energy for fiscal year 2001 for
the Nuclear Cities Initiative may be obligated or expended for purposes
of providing assistance under the Initiative until 30 days after the
date on which the Secretary of Energy submits to the Committees on
Armed Services of the Senate and House of Representatives a copy of an
agreement described in subparagraph (C).
(B) Subparagraph (A) shall not apply with respect to the obligation
or expenditure of funds for purposes of providing assistance under the
Nuclear Cities Initiative to the following:
(i) Not more than three nuclear cities in Russia.
(ii) Not more than two serial production facilities in
Russia.
(C) An agreement referred to in this subparagraph is a written
agreement between the United States Government and the Government of
the Russian Federation which provides that Russia will close some of
its facilities engaged in nuclear weapons assembly and disassembly
work.
(2)(A) Of the amounts appropriated or otherwise made available for
the Department of Energy for fiscal year 2001 for the Nuclear Cities
Initiative, not more than 50 percent of such amounts may be obligated
or expended for purposes of the Initiative until the Secretary of
Energy establishes and implements project review procedures for
projects under the Initiative.
(B) The project review procedures established under subparagraph
(A) shall ensure that any scientific, technical, or commercial project
initiated under the Nuclear Cities Initiative--
(i) shall not enhance the military or weapons of mass
destruction capabilities of Russia;
(ii) shall not result in the inadvertent transfer or
utilization of products or activities under such project for
military purposes;
(iii) shall be commercially viable; and
(iv) shall be carried out in conjunction with an
appropriate commercial, industrial, or other nonprofit entity
as partner.
(C) Not later than January 1, 2001, the Secretary of Energy shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the project review procedures established
and implemented under this paragraph.
(3) In this subsection, the term ``Nuclear Cities Initiative''
means the initiative arising pursuant to the March 1998 discussion
between the Vice President of the United States and the Prime Minister
of the Russian Federation and between the Secretary of Energy of the
United States and the Minister of Atomic Energy of the Russian
Federation.
(c) International Nuclear Security Program.--Amounts authorized to
be appropriated or otherwise made available by this title for the
Department of Energy for fiscal year 2001 for the International Nuclear
Security Program in the former Soviet Union and Eastern Europe shall be
available only for purposes of reactor safety upgrades and training
relating to nuclear operator and reactor safety.
SEC. 3154. MODIFICATION OF COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) Covered Persons.--Subsection (b) of section 3154 of the
Department of Energy Facilities Safeguards, Security, and
Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI
of Public Law 106-65; 113 Stat. 941; 42 U.S.C. 7383h) is amended to
read as follows:
``(b) Covered Persons.--(1) Subject to paragraph (2), for purposes
of this section, a covered person is one of the following:
``(A) An officer or employee of the Department.
``(B) An expert or consultant under contract to the
Department.
``(C) An officer or employee of a contractor of the
Department.
``(D) An individual assigned or detailed to the Department.
``(E) An applicant for a position in the Department.
``(2) A person described in paragraph (1) is a covered person for
purposes of this section only if the position of the person, or for
which the person is applying, under that paragraph is a position in one
of the categories of positions listed in section 709.4 of title 10,
Code of Federal Regulations.''.
(b) High-Risk Programs.--Subsection (c) of that section is amended
to read as follows:
``(c) High-Risk Programs.--For purposes of this section, high-risk
programs are the following:
``(1) The programs known as Special Access Programs and
Personnel Security and Assurance Programs.
``(2) Any other program or position category specified in
section 709.4 of title 10, Code of Federal Regulations.''.
(c) Authority To Waive Examination Requirement.--Subsection (d) of
that section is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraphs:
``(2) Subject to paragraph (3), the Secretary may, after
consultation with appropriate security personnel, waive the
applicability of paragraph (1) to a covered person--
``(A) if--
``(i) the Secretary determines that the waiver is
important to the national security interests of the
United States;
``(ii) the covered person has an active security
clearance; and
``(iii) the covered person acknowledges in a signed
writing that the capacity of the covered person to
perform duties under a high-risk program after the
expiration of the waiver is conditional upon meeting
the requirements of paragraph (1) within the effective
period of the waiver;
``(B) if another Federal agency certifies to the Secretary
that the covered person has completed successfully a full-scope
or counterintelligence-scope polygraph examination during the
5-year period ending on the date of the certification; or
``(C) if the Secretary determines, after consultation with
the covered person and appropriate medical personnel, that the
treatment of a medical or psychological condition of the
covered person should preclude the administration of the
examination.
``(3)(A) The Secretary may not commence the exercise of the
authority under paragraph (2) to waive the applicability of paragraph
(1) to any covered persons until 15 days after the date on which the
Secretary submits to the appropriate committees of Congress a report
setting forth the criteria to be utilized by the Secretary for
determining when a waiver under paragraph (2)(A) is important to the
national security interests of the United States. The criteria shall
include an assessment of counterintelligence risks and programmatic
impacts.
``(B) Any waiver under paragraph (2)(A) shall be effective for not
more than 120 days.
``(C) Any waiver under paragraph (2)(C) shall be effective for the
duration of the treatment on which such waiver is based.
``(4) The Secretary shall submit to the appropriate committees of
Congress on a semi-annual basis a report on any determinations made
under paragraph (2)(A) during the 6-month period ending on the date of
such report. The report shall include a national security justification
for each waiver resulting from such determinations.
``(5) In this subsection, the term `appropriate committees of
Congress' means the following:
``(A) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
``(B) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
``(6) It is the sense of Congress that the waiver authority in
paragraph (2) not be used by the Secretary to exempt from the
applicability of paragraph (1) any covered persons in the highest risk
categories, such as persons who have access to the most sensitive
weapons design information and other highly sensitive programs,
including special access programs.
``(7) The authority under paragraph (2) to waive the applicability
of paragraph (1) to a covered person shall expire on September 30,
2002.''.
(d) Scope of Counterintelligence Polygraph Examination.--Subsection
(f) of that section is amended--
(1) by inserting ``terrorism,'' after ``sabotage,''; and
(2) by inserting ``deliberate damage to or malicious misuse
of a United States Government information or defense system,''
before ``and''.
SEC. 3155. EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE PROJECT
FACILITIES.
(a) Authority To Provide Incentives.--Notwithstanding any other
provision of law, the Secretary of Energy may provide to any eligible
employee of the Department of Energy one or more of the incentives
described in subsection (d).
(b) Eligible Employees.--An individual is an eligible employee of
the Department of Energy for purposes of this section if the
individual--
(1) has worked continuously at a closure facility for at
least two years;
(2) is an employee (as that term is defined in section
2105(a) of title 5, United States Code);
(3) has a fully satisfactory or equivalent performance
rating during the most recent performance period and is not
subject to an adverse notice regarding conduct; and
(4) meets any other requirement or condition under
subsection (d) for the incentive which is provided the employee
under this section.
(c) Closure Facility Defined.--For purposes of this section, the
term ``closure facility'' means a Department of Energy facility at
which the Secretary is carrying out a closure project selected under
section 3143 of the National Defense Authorization Act for Fiscal Year
1997 (42 U.S.C. 7274n).
(d) Incentives.--The incentives that the Secretary may provide
under this section are the following:
(1) The right to accumulate annual leave provided by
section 6303 of title 5, United States Code, for use in
succeeding years until it totals not more than 90 days, or not
more than 720 hours based on a standard work week, at the
beginning of the first full biweekly pay period, or
corresponding period for an employee who is not paid on the
basis of biweekly pay periods, occurring in a year, except
that--
(A) any annual leave that remains unused when an
employee transfers to a position in a department or
agency of the Federal Government shall be liquidated
upon the transfer by payment to the employee of a lump
sum for leave in excess of 30 days, or in excess of 240
hours based on a standard work week; and
(B) upon separation from service, annual leave
accumulated under this paragraph shall be treated as
any other accumulated annual leave is treated.
(2) The right to be paid a retention allowance in a lump
sum in compliance with paragraphs (1) and (2) of section
5754(b) of title 5, United States Code, if the employee meets
the requirements of section 5754(a) of that title, except that
the retention allowance may exceed 25 percent, but may not be
more than 40 percent, of the employee's rate of basic pay.
(3) A detail under section 3341 of title 5, United States
Code.
(4) The right to receive a voluntary separation incentive
payment in the amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code, subject to the terms, conditions, and procedures
set forth in section 663 of the Treasury, Postal Service, and
General Government Appropriations Act, 1997 (5 U.S.C. 5597
note), except that the date in section 663(c)(2)(D) of that Act
does not apply.
(e) Agreement.--(1) An eligible employee of the Department of
Energy provided an incentive under this section shall enter into an
agreement with the Secretary to remain employed at the closure facility
at which the employee is employed as of the date of the agreement until
a specific date or for a specific period of time.
(2) The detail of an employee under subsection (d)(3) shall not be
treated as terminating the employment of the employee at a closure
facility for purposes of an agreement under paragraph (1).
(f) Violation of Agreement.--(1) Except as provided under paragraph
(3), an eligible employee of the Department of Energy who violates an
agreement under subsection (e), or is dismissed for cause, shall
forfeit eligibility for any incentives under this section as of the
date of the violation or dismissal, as the case may be.
(2) Except as provided under paragraph (3), an eligible employee of
the Department of Energy who is paid a retention allowance under
subsection (d)(2), receives a voluntary separation incentive payment
under subsection (d)(4), or both, and who violates an agreement under
subsection (e), or is dismissed for cause, before the end of the period
or date of employment agreed upon under such agreement shall refund to
the United States an amount that bears the same ratio to the aggregate
amount so paid to or received by the employee as the unserved part of
such employment bears to the total period of employment agreed upon
under such agreement.
(3) The Secretary may waive the applicability of paragraph (1) or
(2) to an employee otherwise covered by such paragraph if the Secretary
determines that there is good and sufficient reason for the waiver.
(g) Report.--The Secretary shall include in each report on a
closure project under section 3143(h) of the National Defense
Authorization Act for Fiscal Year 1997 a report on the incentives, if
any, provided under this section with respect to the project for the
period covered by such report.
(h) Expiration of Authority.--The authority to provide incentives
under this section shall expire on September 23, 2011.
(i) Details.--(1) Section 3341 of title 5, United States Code, is
amended to read as follows:
``Sec. 3341. Details: within and among Executive agencies; to non-
Federal employers
``(a) The head of an Executive agency may detail employees among
the components of the agency, except employees who are required by law
to be engaged exclusively in some specific work.
``(b) The head of an Executive agency may detail to duties in the
Executive agency or another Executive agency or to a non-Federal
employer, on a nonreimbursable basis, an employee who has been
identified by the Executive agency as being, or likely to become, a
surplus employee or displaced employee.
``(c) For purposes of this section:
``(1) The term `Executive agency' has the meaning given
that term by section 105, but does not include a Government
corporation or the General Accounting Office.
``(2) The term `displaced employee' means an employee who
has been given specific notice that the employee is to be
separated due to a reduction in force.
``(3) The term `surplus employee' means an employee who has
been identified by the employing agency as likely to be
separated due to a reduction in force.
``(4) The term `non-Federal employer' means an employer
other than an Executive agency or any agency in the legislative
or judicial branch (including Congress or any United States
court).''.
(2) The table of sections at the beginning of chapter 33 of such
title is amended by striking the item relating to section 3341 and
inserting the following new item:
``3341. Details: within and among Executive agencies; to non-Federal
employers.''.
(i) Health Coverage.--Section 8905a(d)(4) of title 5, United States
Code, is amended by adding after subparagraph (B) the following new
subparagraph (C):
``(C) Notwithstanding subparagraph (B), if the basis for continued
coverage under this section is a voluntary or involuntary separation
from the Department of Energy by reason of a closure project under
section 3143 of the National Defense Authorization Act for Fiscal Year
1997 (42 U.S.C. 7274n)--
``(i) the individual shall be liable for not more than the
employee contributions referred to in paragraph (1)(A)(i); and
``(ii) the Department of Energy shall pay the remaining
portion of the amount required is under paragraph (1)(A).''.
SEC. 3156. CONCEPTUAL DESIGN FOR SUBSURFACE GEOSCIENCES LABORATORY AT
IDAHO NATIONAL ENGINEERING AND ENVIRONMENTAL LABORATORY,
IDAHO FALLS, IDAHO.
(a) Authorization.--Of the amounts authorized to be appropriated by
paragraphs (2) and (3) of section 3102(a), not more than $400,000 shall
be available to the Secretary of Energy for purposes of carrying out a
conceptual design for a Subsurface Geosciences Laboratory at Idaho
National Engineering and Environmental Laboratory, Idaho Falls, Idaho.
(b) Limitation.--None of the funds authorized to be appropriated by
subsection (a) may be obligated until 60 days after the Secretary
submits the report required by subsection (c).
(c) Report.--The Secretary of Energy shall submit to the
congressional defense committees a report on the proposed Subsurface
Geosciences Laboratory, including the following:
(1) The need to conduct mesoscale experiments to meet long-
term clean-up requirements at Department of Energy sites.
(2) The possibility of utilizing or modifying an existing
structure or facility to house a new mesoscale experimental
capability.
(3) The estimated construction cost of the facility.
(4) The estimated annual operating cost of the facility.
(5) How the facility will utilize, integrate, and support
the technical expertise, capabilities, and requirements at
other Department of Energy and non-Department of Energy
facilities.
(6) An analysis of costs, savings, and benefits which are
unique to the Idaho National Engineering and Environmental
Laboratory.
SEC. 3157. TANK WASTE REMEDIATION SYSTEM, HANFORD RESERVATION,
RICHLAND, WASHINGTON.
(a) Funds Available.--Of the amount authorized to be appropriated
by section 3102, $150,000,000 shall be available to carry out an
accelerated cleanup and waste management program at the Department of
Energy Hanford Site in Richland, Washington.
(b) Report.--Not later than December 15, 2000, the Secretary of
Energy shall submit to Congress a report on the Tank Waste Remediation
System Project at the Hanford Site. The report shall include the
following:
(1) A proposed plan for processing and stabilizing all
nuclear waste located in the Hanford Tank Farm.
(2) A proposed schedule for carrying out the plan.
(3) The total estimated cost of carrying out the plan.
(4) A description of any alternative options to the
proposed plan and a description of the costs and benefits of
each such option.
SEC. 3158. REPORT ON NATIONAL IGNITION FACILITY, LAWRENCE LIVERMORE
NATIONAL LABORATORY, LIVERMORE, CALIFORNIA.
(a) New Baseline.--(1) Not more than 50 percent of the funds
available for the national ignition facility (Project 96-D-111) may be
obligated or expended until the Secretary of Energy submits to the
Committees on Armed Services of the Senate and House of Representatives
a report setting forth a new baseline plan for the completion of the
national ignition facility.
(2) The report shall include a detailed, year-by-year breakdown of
the funding required for completion of the facility, as well as
projected dates for the completion of program milestones, including the
date on which the first laser beams are expected to become operational.
(b) Comptroller General Review of NIF Program.--(1) The Comptroller
General shall conduct a thorough review of the national ignition
facility program.
(2) Not later than March 31, 2001, the Comptroller General shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the review conducted under paragraph (1).
The report shall include--
(A) an analysis of--
(i) the relationship of the national ignition
facility program to other key components of the
Stockpile Stewardship Program; and
(ii) the potential impact of delays in the national
ignition facility program, and of a failure to complete
key program objectives of the program, on the other key
components of the Stockpile Stewardship Program, such
as the Advanced Strategic Computing Initiative Program;
(B) a detailed description and analysis of the funds spent
as of the date of the report on the national ignition facility
program; and
(C) an assessment whether Lawrence Livermore National
Laboratory has established a new baseline plan for the national
ignition facility program with clear goals and achievable
milestones for that program.
Subtitle E--National Laboratories Partnership Improvement Act
SEC. 3161. SHORT TITLE.
This subtitle may be cited as the ``National Laboratories
Partnership Improvement Act of 2000''.
SEC. 3162. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``Department'' means the Department of Energy;
(2) the term ``departmental mission'' means any of the
functions vested in the Secretary of Energy by the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.) or other
law;
(3) the term ``institution of higher education'' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a));
(4) the term ``National Laboratory'' means any of the
following institutions owned by the Department of Energy--
(A) Argonne National Laboratory;
(B) Brookhaven National Laboratory;
(C) Idaho National Engineering and Environmental
Laboratory;
(D) Lawrence Berkeley National Laboratory;
(E) Lawrence Livermore National Laboratory;
(F) Los Alamos National Laboratory;
(G) National Renewable Energy Laboratory;
(H) Oak Ridge National Laboratory;
(I) Pacific Northwest National Laboratory; or
(J) Sandia National Laboratory;
(5) the term ``facility'' means any of the following
institutions owned by the Department of Energy--
(A) Ames Laboratory;
(B) East Tennessee Technology Park;
(C) Environmental Measurement Laboratory;
(D) Fermi National Accelerator Laboratory;
(E) Kansas City Plant;
(F) National Energy Technology Laboratory;
(G) Nevada Test Site;
(H) Princeton Plasma Physics Laboratory;
(I) Savannah River Technology Center;
(J) Stanford Linear Accelerator Center;
(K) Thomas Jefferson National Accelerator Facility;
(L) Waste Isolation Pilot Plant;
(M) Y-12 facility at Oak Ridge National Laboratory;
or
(N) other similar organization of the Department
designated by the Secretary that engages in technology
transfer, partnering, or licensing activities;
(6) the term ``nonprofit institution'' has the meaning
given such term in section 4 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3703(5));
(7) the term ``Secretary'' means the Secretary of Energy;
(8) the term ``small business concern'' has the meaning
given such term in section 3 of the Small Business Act (15
U.S.C. 632);
(9) the term ``technology-related business concern'' means
a for-profit corporation, company, association, firm,
partnership, or small business concern that--
(A) conducts scientific or engineering research,
(B) develops new technologies,
(C) manufactures products based on new
technologies, or
(D) performs technological services;
(10) the term ``technology cluster'' means a concentration
of--
(A) technology-related business concerns;
(B) institutions of higher education; or
(C) other nonprofit institutions;
that reinforce each other's performance through formal or
informal relationships;
(11) the term ``socially and economically disadvantaged
small business concerns'' has the meaning given such term in
section 8(a)(4) of the Small Business Act (15 U.S.C.
637(a)(4)); and
(12) the term ``NNSA'' means the National Nuclear Security
Administration established by title XXXII of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65).
SEC. 3163. TECHNOLOGY INFRASTRUCTURE PILOT PROGRAM.
(a) Establishment.--The Secretary, through the appropriate
officials of the Department, shall establish a Technology
Infrastructure Pilot Program in accordance with this section.
(b) Purpose.--The purpose of the program shall be to improve the
ability of National Laboratories or facilities to support departmental
missions by--
(1) stimulating the development of technology clusters that
can support the missions of the National Laboratories or
facilities;
(2) improving the ability of National Laboratories or
facilities to leverage and benefit from commercial research,
technology, products, processes, and services; and
(3) encouraging the exchange of scientific and
technological expertise between National Laboratories or
facilities and--
(A) institutions of higher education,
(B) technology-related business concerns,
(C) nonprofit institutions, and
(D) agencies of State, tribal, or local
governments;
that can support the missions of the National Laboratories and
facilities.
(c) Pilot Program.--In each of the first three fiscal years after
the date of enactment of this section, the Secretary may provide no
more than $10,000,000, divided equally, among no more than 10 National
Laboratories or facilities selected by the Secretary to conduct
Technology Infrastructure Program Pilot Programs.
(d) Projects.--The Secretary shall authorize the Director of each
National Laboratory or facility designated under subsection (c) to
implement the Technology Infrastructure Pilot Program at such National
Laboratory or facility through projects that meet the requirements of
subsections (e) and (f).
(e) Program Requirements.--Each project funded under this section
shall meet the following requirements:
(1) Minimum participants.--Each project shall at a minimum
include--
(A) a National Laboratory or facility; and
(B) one of the following entities--
(i) a business,
(ii) an institution of higher education,
(iii) a nonprofit institution, or
(iv) an agency of a State, local, or tribal
government.
(2) Cost sharing.--
(A) Minimum amount.--Not less than 50 percent of
the costs of each project funded under this section
shall be provided from non-Federal sources.
(B) Qualified funding and resources.--(i) The
calculation of costs paid by the non-Federal sources to
a project shall include cash, personnel, services,
equipment, and other resources expended on the project.
(ii) Independent research and development expenses
of Government contractors that qualify for
reimbursement under section 31-205-18(e) of the Federal
Acquisition Regulations issued pursuant to section
25(c)(1) of the Office of Federal Procurement Policy
Act (41 U.S.C. 421(c)(1)) may be credited towards costs
paid by non-Federal sources to a project, if the
expenses meet the other requirements of this section.
(iii) No funds or other resources expended either
before the start of a project under this section or
outside the project's scope of work shall be credited
toward the costs paid by the non-Federal sources to the
project.
(3) Competitive selection.--All projects where a party
other than the Department or a National Laboratory or facility
receives funding under this section shall, to the extent
practicable, be competitively selected by the National
Laboratory or facility using procedures determined to be
appropriate by the Secretary or his designee.
(4) Accounting standards.--Any participant receiving
funding under this section, other than a National Laboratory or
facility, may use generally accepted accounting principles for
maintaining accounts, books, and records relating to the
project.
(5) Limitations.--No Federal funds shall be made available
under this section for--
(A) construction; or
(B) any project for more than five years.
(f) Selection Criteria.--
(1) Threshold funding criteria.--The Secretary shall
authorize the provision of Federal funds for projects under
this section only when the Director of the National Laboratory
or facility managing such a project determines that the project
is likely to improve the participating National Laboratory or
facility's ability to achieve technical success in meeting
departmental missions.
(2) Additional criteria.--The Secretary shall also require
the Director of the National Laboratory or facility managing a
project under this section to consider the following criteria
in selecting a project to receive Federal funds--
(A) the potential of the project to succeed, based
on its technical merit, team members, management
approach, resources, and project plan;
(B) the potential of the project to promote the
development of a commercially sustainable technology
cluster, one that will derive most of the demand for
its products or services from the private sector, that
can support the missions of the participating National
Laboratory or facility;
(C) the potential of the project to promote the use
of commercial research, technology, products,
processes, and services by the participating National
Laboratory or facility to achieve its departmental
mission or the commercial development of technological
innovations made at the participating National
Laboratory or facility;
(D) the commitment shown by non-Federal
organizations to the project, based primarily on the
nature and amount of the financial and other resources
they will risk on the project;
(E) the extent to which the project involves a wide
variety and number of institutions of higher education,
nonprofit institutions, and technology-related business
concerns that can support the missions of the
participating National Laboratory or facility and that
will make substantive contributions to achieving the
goals of the project;
(F) the extent of participation in the project by
agencies of State, tribal, or local governments that
will make substantive contributions to achieving the
goals of the project; and
(G) the extent to which the project focuses on
promoting the development of technology-related
business concerns that are small business concerns or
involves such small business concerns substantively in
the project.
(3) Savings clause.--Nothing in this subsection shall limit
the Secretary from requiring the consideration of other
criteria, as appropriate, in determining whether projects
should be funded under this section.
(g) Report to Congress on Full Implementation.--Not later than 120
days after the start of the third fiscal year after the date of
enactment of this section, the Secretary shall report to Congress on
whether the Technology Infrastructure Program should be continued
beyond the pilot stage, and, if so, how the fully implemented program
should be managed. This report shall take into consideration the
results of the pilot program to date and the views of the relevant
Directors of the National laboratories and facilities. The report shall
include any proposals for legislation considered necessary by the
Secretary to fully implement the program.
SEC. 3164. SMALL BUSINESS ADVOCACY AND ASSISTANCE.
(a) Advocacy Function.--The Secretary shall direct the Director of
each National Laboratory, and may direct the Director of each facility
the Secretary determines to be appropriate, to establish a small
business advocacy function that is organizationally independent of the
procurement function at the National Laboratory or facility. The person
or office vested with the small business advocacy function shall--
(1) work to increase the participation of small business
concerns, including socially and economically disadvantaged
small business concerns, in procurements, collaborative
research, technology licensing, and technology transfer
activities conducted by the National Laboratory or facility;
(2) report to the Director of the National Laboratory or
facility on the actual participation of small business concerns
in procurements and collaborative research along with
recommendations, if appropriate, on how to improve
participation;
(3) make available to small business concerns training,
mentoring, and clear, up-to-date information on how to
participate in the procurements and collaborative research,
including how to submit effective proposals;
(4) increase the awareness inside the National Laboratory
or facility of the capabilities and opportunities presented by
small business concerns; and
(5) establish guidelines for the program under subsection
(b) and report on the effectiveness of such program to the
Director of the National Laboratory or facility.
(b) Establishment of Small Business Assistance Program.--The
Secretary shall direct the Director of each National Laboratory, and
may direct the Director of each facility the Secretary determines to be
appropriate, to establish a program to provide small business
concerns--
(1) assistance directed at making them more effective and
efficient subcontractors or suppliers to the National
Laboratory or facility; or
(2) general technical assistance, the cost of which shall
not exceed $10,000 per instance of assistance, to improve the
small business concern's products or services.
(c) Use of Funds.--None of the funds expended under subsection (b)
may be used for direct grants to the small business concerns.
SEC. 3165. TECHNOLOGY PARTNERSHIPS OMBUDSMAN.
(a) Appointment of Ombudsman.--The Secretary shall direct the
Director of each National Laboratory, and may direct the Director of
each facility the Secretary determines to be appropriate, to appoint a
technology partnership ombudsman to hear and help resolve complaints
from outside organizations regarding each laboratory's policies and
actions with respect to technology partnerships (including cooperative
research and development agreements), patents, and technology
licensing. Each ombudsman shall--
(1) be a senior official of the National Laboratory or
facility who is not involved in day-to-day technology
partnerships, patents, or technology licensing, or, if
appointed from outside the laboratory, function as such a
senior official; and
(2) have direct access to the Director of the National
Laboratory or facility.
(b) Duties.--Each ombudsman shall--
(1) serve as the focal point for assisting the public and
industry in resolving complaints and disputes with the
laboratory regarding technology partnerships, patents, and
technology licensing;
(2) promote the use of collaborative alternative dispute
resolution techniques such as mediation to facilitate the
speedy and low-cost resolution of complaints and disputes, when
appropriate; and
(3) report, through the Director of the National Laboratory
or facility, to the Department annually on the number and
nature of complaints and disputes raised, along with the
ombudsman's assessment of their resolution, consistent with the
protection of confidential and sensitive information.
(c) Dual Appointment.--A person vested with the small business
advocacy function of section 3164 may also serve as the technology
partnership ombudsman.
SEC. 3166. STUDIES RELATED TO IMPROVING MISSION EFFECTIVENESS,
PARTNERSHIPS, AND TECHNOLOGY TRANSFER AT NATIONAL
LABORATORIES.
(a) Studies.--The Secretary shall direct the Laboratory Operations
Board to study and report to him, not later than one year after the
date of enactment of this section, on the following topics--
(1) the possible benefits from and need for policies and
procedures to facilitate the transfer of scientific, technical,
and professional personnel among National Laboratories and
facilities; and
(2) the possible benefits from and need for changes in--
(A) the indemnification requirements for patents or
other intellectual property licensed from a National
Laboratory or facility;
(B) the royalty and fee schedules and types of
compensation that may be used for patents or other
intellectual property licensed to a small business
concern from a National Laboratory or facility;
(C) the licensing procedures and requirements for
patents and other intellectual property;
(D) the rights given to a small business concern
that has licensed a patent or other intellectual
property from a National Laboratory or facility to
bring suit against third parties infringing such
intellectual property;
(E) the advance funding requirements for a small
business concern funding a project at a National
Laboratory or facility through a Funds-In-Agreement;
(F) the intellectual property rights allocated to a
business when it is funding a project at a National
Laboratory or facility through a Funds-In-Agreement;
and
(G) policies on royalty payments to inventors
employed by a contractor-operated National Laboratory
or facility, including those for inventions made under
a Funds-In-Agreement.
(b) Definition.--For the purposes of this section, the term
``Funds-in-Agreement'' means a contract between the Department and a
non-Federal organization where that organization pays the Department to
provide a service or material not otherwise available in the domestic
private sector.
(c) Report to Congress.--Not later than one month after receiving
the report under subsection (a), the Secretary shall transmit the
report, along with his recommendations for action and proposals for
legislation to implement the recommendations, to Congress.
SEC. 3167. OTHER TRANSACTIONS AUTHORITY.
(a) New Authority.--Section 646 of the Department of Energy
Organization Act (42 U.S.C. 7256) is amended by adding at the end the
following new subsection:
``(g) Other Transactions Authority.--(1) In addition to other
authorities granted to the Secretary to enter into procurement
contracts, leases, cooperative agreements, grants, and other similar
arrangements, the Secretary may enter into other transactions with
public agencies, private organizations, or persons on such terms as the
Secretary may deem appropriate in furtherance of basic, applied, and
advanced research functions now or hereafter vested in the Secretary.
Such other transactions shall not be subject to the provisions of
section 9 of the Federal Nonnuclear Energy Research and Development Act
of 1974 (42 U.S.C. 5908).
``(2)(A) The Secretary of Energy shall ensure that--
``(i) to the maximum extent practicable, no transaction
entered into under paragraph (1) provides for research that
duplicates research being conducted under existing programs
carried out by the Department of Energy; and
``(ii) to the extent that the Secretary determines
practicable, the funds provided by the Government under a
transaction authorized by paragraph (1) do not exceed the total
amount provided by other parties to the transaction.
``(B) A transaction authorized by paragraph (1) may be used for a
research project when the use of a standard contract, grant, or
cooperative agreement for such project is not feasible or appropriate.
``(3)(A) The Secretary shall not disclose any trade secret or
commercial or financial information submitted by a non-Federal entity
under paragraph (1) that is privileged and confidential.
``(B) The Secretary shall not disclose, for five years after the
date the information is received, any other information submitted by a
non-Federal entity under paragraph (1), including any proposal,
proposal abstract, document supporting a proposal, business plan, or
technical information that is privileged and confidential.
``(C) The Secretary may protect from disclosure, for up to five
years, any information developed pursuant to a transaction under
paragraph (1) that would be protected from disclosure under section
552(b)(4) of title 5, United States Code, if obtained from a person
other than a Federal agency.''.
(b) Implementation.--Not later than six months after the date of
enactment of this section, the Department shall establish guidelines
for the use of other transactions. Other transactions shall be made
available, if needed, in order to implement projects funded under
section 3163.
SEC. 3168. CONFORMANCE WITH NNSA ORGANIZATIONAL STRUCTURE.
All actions taken by the Secretary in carrying out this subtitle
with respect to National Laboratories and facilities that are part of
the NNSA shall be through the Administrator for Nuclear Security in
accordance with the requirements of title XXXII of the National Defense
Authorization Act for Fiscal Year 2000.
SEC. 3169. ARCTIC ENERGY.
(a) Establishment.--There is hereby established within the
Department of Energy an Office of Arctic Energy.
(b) Purpose.--The purposes of the Office of Arctic Energy are--
(1) to promote research, development and deployment of
electric power technology that is cost-effective and especially
well suited to meet the needs of rural and remote regions of
the United States, especially where permafrost is present or
located nearby; and
(2) to promote research, development and deployment in such
regions of--
(A) enhanced oil recovery technology, including
heavy oil recovery, reinjection of carbon and extended
reach drilling technologies;
(B) gas-to-liquids technology and liquified natural
gas (including associated transportation systems);
(C) small hydroelectric facilities, river turbines
and tidal power;
(D) natural gas hydrates, coal bed methane, and
shallow bed natural gas; and
(E) alternative energy, including wind, geothermal,
and fuel cells.
(c) Location.--The Secretary shall locate the Office of Arctic
Energy at a university with special expertise and unique experience in
the matters specified in paragraphs (1) and (2) of subsection (b).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out activities under this section $1,000,000 for
the first fiscal year after the date of enactment of this section.
Subtitle F--Other Matters
SEC. 3171. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 3161(c)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking
``September 30, 2000'' and inserting ``September 30, 2002''.
SEC. 3172. UPDATES OF REPORT ON NUCLEAR TEST READINESS POSTURES.
Section 3152 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 623) is amended--
(1) by inserting ``(a) Report.--'' before ``Not later than
February 15, 1996,''; and
(2) by adding at the end the following:
``(b) Biennial Updates of Report.--(1) The Secretary shall submit
to the congressional defense committees an update of the report
required under (a) not later than February 15, 2001, and every two
years thereafter.
``(2) Each update under paragraph (1) shall include, current as of
the date of such update, the following:
``(A) A list and description of the workforce skills and
capabilities that are essential to carry out underground
nuclear tests at the Nevada Test Site.
``(B) A list and description of the infrastructure and
physical plant that are essential to carry out underground
nuclear tests at the Nevada Test Site.
``(C) A description of the readiness status of the skills
and capabilities described in subparagraph (A) and of the
infrastructure and physical plant described in subparagraph
(B).
``(3) Each update under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.''.
SEC. 3173. FREQUENCY OF REPORTS ON INADVERTENT RELEASES OF RESTRICTED
DATA AND FORMERLY RESTRICTED DATA.
(a) Frequency of Reports.--Section 3161(f)(2) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 2261; 50 U.S.C. 435 note) is amended to read as
follows:
``(2) The Secretary of Energy shall, on a quarterly basis, notify
the committees and Assistant to the President specified in subsection
(d) of inadvertent releases described in paragraph (1) that are
discovered after the date of the enactment of this Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
with respect to inadvertent releases of Restricted Data and Formerly
Restricted Data that are discovered on or after that date.
SEC. 3174. FORM OF CERTIFICATIONS REGARDING THE SAFETY OR RELIABILITY
OF THE NUCLEAR WEAPONS STOCKPILE.
Any certification submitted to the President by the Secretary of
Defense or the Secretary of Energy regarding confidence in the safety
or reliability of a nuclear weapon type in the United States nuclear
weapons stockpile shall be submitted in classified form only.
SEC. 3175. ENGINEERING AND MANUFACTURING RESEARCH, DEVELOPMENT, AND
DEMONSTRATION BY PLANT MANAGERS OF CERTAIN NUCLEAR
WEAPONS PRODUCTION PLANTS.
(a) Authority.--The Secretary of Energy may authorize the plant
manager of a covered nuclear weapons production plant to engage in
research, development, and demonstration activities with respect to the
engineering and manufacturing capabilities at such plant in order to
maintain and enhance such capabilities at such plant.
(b) Funding.--Of the amount allocated by the Secretary to a covered
nuclear weapons production plant each fiscal year from amounts
available to the Department of Energy for such fiscal year for national
security programs, not more than an amount equal to 2 percent of such
amount may be used for activities authorized under subsection (a).
(c) Covered Nuclear Weapons Production Plants.--For purposes of
this section, the term ``covered nuclear weapons production plant''
means the following:
(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Y-12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
SEC. 3176. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS FOR
GOVERNMENT-OWNED, CONTRACTOR-OPERATED LABORATORIES.
(a) Strategic Plans.--Subsection (a) of section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is
amended by striking ``joint work statement,'' and inserting ``joint
work statement or, if permitted by the agency, in an agency-approved
annual strategic plan,''.
(b) Experimental Federal Waivers.--Subsection (b) of that section
is amended by adding at the end the following new paragraph:
``(6)(A) In the case of a Department of Energy laboratory, a
designated official of the Department of Energy may waive any license
retained by the Government under paragraph (1)(A), (2), or (3)(D), in
whole or in part and according to negotiated terms and conditions, if
the designated official finds that the retention of the license by the
Department of Energy would substantially inhibit the commercialization
of an invention that would otherwise serve an important Federal
mission.
``(B) The authority to grant a waiver under subparagraph (A) shall
expire on the date that is 5 years after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2001.
``(C) The expiration under subparagraph (B) of authority to grant a
waiver under subparagraph (A) shall not effect any waiver granted under
subparagraph (A) before the expiration of such authority.''.
(c) Time Required for Approval.--Subsection (c)(5) of that section
is amended--
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (C);
and
(3) in subparagraph (C), as so redesignated--
(A) in clause (i)--
(i) by striking ``with a small business
firm''; and
(ii) by inserting ``if'' after
``statement''; and
(B) by adding at the end the following new clauses:
``(iv) Any agency that has contracted with a non-Federal entity to
operate a laboratory may develop and provide to such laboratory one or
more model cooperative research and development agreements for purposes
of standardizing practices and procedures, resolving common legal
issues, and enabling review of cooperative research and development
agreements to be carried out in a routine and prompt manner.
``(v) A Federal agency may waive the requirements of clause (i) or
(ii) under such circumstances as the agency considers appropriate.''.
SEC. 3177. COMMENDATION OF DEPARTMENT OF ENERGY AND CONTRACTOR
EMPLOYEES FOR EXEMPLARY SERVICE IN STOCKPILE STEWARDSHIP
AND SECURITY.
(a) Authority To Present Certificate of Commendation.--The
Secretary of Energy may present a certificate of commendation to any
current or former employee of the Department of Energy, and any current
or former employee of a Department contractor, whose service to the
Department in matters relating to stockpile stewardship and security
assisted the Department in furthering the national security interests
of the United States.
(b) Certificate.--The certificate of commendation presented to a
current or former employee under subsection (a) shall include an
appropriate citation of the service of the current or former employee
described in that subsection, including a citation for dedication,
intellect, and sacrifice in furthering the national security interests
of the United States by maintaining a strong, safe, and viable United
States nuclear deterrent during the Cold War or thereafter.
(c) Department of Energy Defined.--For purposes of this section,
the term ``Department of Energy'' includes any predecessor agency of
the Department of Energy.
SEC. 3178. ADJUSTMENT OF THRESHOLD REQUIREMENT FOR SUBMISSION OF
REPORTS ON ADVANCED COMPUTER SALES TO TIER III FOREIGN
COUNTRIES.
Section 3157 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 2045) is amended by adding at
the end the following:
``(e) Adjustment of Performance Levels.--Whenever a new composite
theoretical performance level is established under section 1211(d),
that level shall apply for purposes of subsection (a) of this section
in lieu of the level set forth in subsection (a).''.
Subtitle G--Russian Nuclear Complex Conversion
SEC. 3191. SHORT TITLE.
This subtitle may be cited as the ``Russian Nuclear Weapons Complex
Conversion Act of 2000''.
SEC. 3192. FINDINGS.
Congress makes the following findings:
(1) The Russian nuclear weapons complex has begun closure
and complete reconfiguration of certain weapons complex plants
and productions lines. However, this work is at an early stage.
The major impediments to downsizing have been economic and
social conditions in Russia. Little information about this
complex is shared, and 10 of its most sensitive cities remain
closed. These cities house 750,000 people and employ
approximately 150,000 people in nuclear military facilities.
Although the Russian Federation Ministry of Atomic Energy has
announced the need to significantly downsize its workforce,
perhaps by as much as 50 percent, it has been very slow in
accomplishing this goal. Information on the extent of any
progress is very closely held.
(2) The United States, on the other hand, has significantly
downsized its nuclear weapons complex in an open and
transparent manner. As a result, an enormous asymmetry now
exists between the United States and Russia in nuclear weapon
production capacities and in transparency of such capacities.
It is in the national security interest of the United States to
assist the Russian Federation in accomplishing significant
reductions in its nuclear military complex and in helping it to
protect its nuclear weapons, nuclear materials, and nuclear
secrets during such reductions. Such assistance will accomplish
critical nonproliferation objectives and provide essential
support towards future arms reduction agreements. The Russian
Federation's program to close and reconfigure weapons complex
plants and production lines will address, if it is implemented
in a significant and transparent manner, concerns about the
Russian Federation's ability to quickly reconstitute its
arsenal.
(3) Several current programs address portions of the
downsizing and nuclear security concerns. The Nuclear Cities
Initiative was established to assist Russia in creating job
opportunities for employees who are not required to support
realistic Russian nuclear security requirements. Its focus has
been on creating commercial ventures that can provide self-
sustaining jobs in three of the closed cities. The current
scope and funding of the program are not commensurate with the
scale of the threats to the United States sought to be
addressed by the program.
(4) To effectively address threats to United States
national security interests, progress with respect to the
nuclear cities must be expanded and accelerated. The Nuclear
Cities Initiative has laid the groundwork for an immediate
increase in investment which offers the potential for prompt
risk reduction in the cities of Sarov, Snezhinsk, and
Zheleznogorsk, which house four key Russian nuclear facilities.
Furthermore, the Nuclear Cities Initiative has made
considerable progress with the limited funding available.
However, to gain sufficient advocacy for additional support,
the program must demonstrate--
(A) rapid progress in conversion and restructuring;
and
(B) an ability for the United States to track
progress against verifiable milestones that support a
Russian nuclear complex consistent with their future
national security requirements.
(5) Reductions in the nuclear weapons-grade material stocks
in the United States and Russia enhance prospects for future
arms control agreements and reduce concerns that these
materials could lead to proliferation risks. Confidence in both
nations will be enhanced by knowledge of the extent of each
nation's stockpiles of weapons-grade materials. The United
States already makes this information public.
(6) Many current programs contribute to the goals stated
herein. However, the lack of programmatic coordination within
and among United States Government agencies impedes the
capability of the United States to make rapid progress. A
formal single point of coordination is essential to ensure that
all United States programs directed at cooperative threat
reduction, nuclear materials reduction and protection, and the
downsizing, transparency, and nonproliferation of the nuclear
weapons complex effectively mitigate the risks inherent in the
Russian Federation's military complex.
(7) Specialists in the United States and the former Soviet
Union trained in nonproliferation studies can significantly
assist in the downsizing process while minimizing the threat
presented by potential proliferation of weapons materials or
expertise.
SEC. 3193. EXPANSION AND ENHANCEMENT OF NUCLEAR CITIES INITIATIVE.
(a) In General.--The Secretary of Energy shall, in accordance with
the provisions of this section, take appropriate actions to expand and
enhance the activities under the Nuclear Cities Initiative in order
to--
(1) assist the Russian Federation in the downsizing of the
Russian Nuclear Complex; and
(2) coordinate the downsizing of the Russian Nuclear
Complex under the Initiative with other United States
nonproliferation programs.
(b) Enhanced Use of MINATOM Technology and Research and Development
Services.--In carrying out actions under this section, the Secretary of
Energy shall facilitate the enhanced use of the technology, and the
research and development services, of the Russia Ministry of Atomic
Energy (MINATOM) by--
(1) fostering the commercialization of peaceful, non-
threatening advanced technologies of the Ministry through the
development of projects to commercialize research and
development services for industry and industrial entities; and
(2) authorizing the Department of Energy, and encouraging
other departments and agencies of the United States Government,
to utilize such research and development services for
activities appropriate to the mission of the Department, and
such departments and agencies, including activities relating
to--
(A) nonproliferation (including the detection and
identification of weapons of mass destruction and
verification of treaty compliance);
(B) global energy and environmental matters; and
(C) basic scientific research of benefit to the
United States.
(c) Acceleration of Nuclear Cities Initiative.--(1) In carrying out
actions under this section, the Secretary of Energy shall accelerate
the Nuclear Cities Initiative by implementing, as soon as practicable
after the date of the enactment of this Act, programs at the nuclear
cities referred to in paragraph (2) in order to convert significant
portions of the activities carried out at such nuclear cities from
military activities to civilian activities.
(2) The nuclear cities referred to in this paragraph are the
following:
(A) Sarov (Arzamas-16).
(B) Snezhinsk (Chelyabinsk-70).
(C) Zheleznogorsk (Krasnoyarsk-26).
(3) To advance nonproliferation and arms control objectives, the
Nuclear Cities Initiative is encouraged to begin planning for
accelerated conversion, commensurate with available resources, in the
remaining nuclear cities.
(4) Before implementing a program under paragraph (1), the
Secretary shall establish appropriate, measurable milestones for the
activities to be carried out in fiscal year 2001.
(d) Plan for Restructuring the Russian Nuclear Complex.--(1) The
President, acting through the Secretary of Energy, is urged to enter
into negotiations with the Russian Federation for purposes of the
development by the Russian Federation of a plan to restructure the
Russian Nuclear Complex in order to meet changes in the national
security requirements of Russia by 2010.
(2) The plan under paragraph (1) should include the following:
(A) Mechanisms to achieve a nuclear weapons production
capacity in Russia that is consistent with the obligations of
Russia under current and future arms control agreements.
(B) Mechanisms to increase transparency regarding the
restructuring of the nuclear weapons complex and weapons-
surplus nuclear materials inventories in Russia to the levels
of transparency for such matters in the United States,
including the participation of Department of Energy officials
with expertise in transparency of such matters.
(C) Measurable milestones that will permit the United
States and the Russian Federation to monitor progress under the
plan.
(e) Encouragement of Careers in Nonproliferation.--(1) In carrying
out actions under this section, the Secretary of Energy shall carry out
a program to encourage students in the United States and in the Russian
Federation to pursue a career in an area relating to nonproliferation.
(2) Of the amounts under subsection (f), up to $2,000,000 shall be
available for purposes of the program under paragraph (1).
(f) Funding for Fiscal Year 2001.--(1) There is hereby authorized
to be appropriated for the Department of Energy for fiscal year 2001,
$30,000,000 for purposes of the Nuclear Cities Initiative, including
activities under this section.
(2) The amount authorized to be appropriated by section 101(5) for
other procurement for the Army is hereby reduced by $12,500,000, with
the amount of the reduction to be allocated to the Close Combat
Tactical Trainer.
(g) Limitation on Availability of Funds for Nuclear Cities
Initiative.--No amount in excess of $17,500,000 authorized to be
appropriated for the Department of Energy for fiscal year 2001 for the
Nuclear Cities Initiative may be obligated or expended for purposes of
providing assistance under the Initiative until 30 days after the date
on which the Secretary of Energy submits to the Committees on Armed
Services of the Senate and House of Representatives the following:
(1) A copy of the written agreement between the United
States Government and the Government of the Russian Federation
which provides that Russia will close some of its facilities
engaged in nuclear weapons assembly and disassembly work within
five years in exchange for participation in the Initiative.
(2) A certification by the Secretary that--
(A) project review procedures for all projects
under the Initiative have been established and
implemented; and
(B) such procedures will ensure that any
scientific, technical, or commercial project initiated
under the Initiative--
(i) will not enhance the military or
weapons of mass destruction capabilities of
Russia;
(ii) will not result in the inadvertent
transfer or utilization of products or
activities under such project for military
purposes;
(iii) will be commercially viable within
three years of the date of the certification;
and
(iv) will be carried out in conjunction
with an appropriate commercial, industrial, or
other nonprofit entity as partner.
(3) A report setting forth the following:
(A) The project review procedures referred to in
paragraph (2)(A).
(B) A list of the projects under the Initiative
that have been reviewed under such project review
procedures.
(C) A description for each project listed under
subparagraph (B) of the purpose, life-cycle, out-year
budget costs, participants, commercial viability,
expected time for income generation, and number of
Russian jobs created.
(h) Sense of Congress on Funding for Fiscal Years after Fiscal Year
2001.--It is the sense of Congress that the availability of funds for
the Nuclear Cities Initiative in fiscal years after fiscal year 2001
should be contingent upon--
(1) demonstrable progress in the programs carried out under
subsection (c), as determined utilizing the milestones required
under paragraph (4) of that subsection; and
(2) the development and implementation of the plan required
by subsection (d).
SEC. 3194. SENSE OF CONGRESS ON THE ESTABLISHMENT OF A NATIONAL
COORDINATOR FOR NONPROLIFERATION MATTERS.
It is the sense of Congress that--
(1) there should be a National Coordinator for
Nonproliferation Matters to coordinate--
(A) the Nuclear Cities Initiative;
(B) the Initiatives for Proliferation Prevention
program;
(C) the Cooperative Threat Reduction programs;
(D) the materials protection, control, and
accounting programs; and
(E) the International Science and Technology
Center; and
(2) the position of National Coordinator for
Nonproliferation Matters should be similar, regarding
nonproliferation matters, to the position filled by designation
of the President under section 1441(a) of the Defense Against
Weapons of Mass Destruction Act of 1996 (title XIV of Public
Law 104-201; 110 Stat. 2727; 50 U.S.C. 2351(a)).
SEC. 3195. DEFINITIONS.
In this subtitle:
(1) Nuclear city.--The term ``nuclear city'' means any of
the closed nuclear cities within the complex of the Russia
Ministry of Atomic Energy (MINATOM) as follows:
(A) Sarov (Arzamas-16).
(B) Zarechnyy (Penza-19).
(C) Novoural'sk (Sverdlovsk-44).
(D) Lesnoy (Sverdlovsk-45).
(E) Ozersk (Chelyabinsk-65).
(F) Snezhinsk (Chelyabinsk-70).
(G) Trechgornyy (Zlatoust-36).
(H) Seversk (Tomsk-7).
(I) Zhelenznogorsk (Krasnoyarsk-26).
(J) Zelenogorsk (Krasnoyarsk-45).
(2) Russian nuclear complex.--The term ``Russian Nuclear
Complex'' refers to all of the nuclear cities.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
There are authorized to be appropriated for fiscal year 2001,
$18,500,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NAVAL PETROLEUM RESERVES
SEC. 3301. MINIMUM PRICE OF PETROLEUM SOLD FROM THE NAVAL PETROLEUM
RESERVES.
(a) Higher Minimum Price.--Subparagraph (A) of section 7430(b)(2)
of title 10, United States Code, is amended by striking ``90 percent
of''.
(b) Inapplicability of Requirement to Reserve Numbered 1.--Such
section 7430(b)(2) is further amended by striking ``Naval Petroleum
Reserves Numbered 1, 2, and 3'' in the matter preceding subparagraph
(A) and inserting ``Naval Petroleum Reserves Numbered 2 and 3''.
SEC. 3302. REPEAL OF AUTHORITY TO CONTRACT FOR COOPERATIVE OR UNIT
PLANS AFFECTING NAVAL PETROLEUM RESERVE NUMBERED 1.
(a) Repeal.--Section 7426 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 641 of such title is amended by striking the item relating to
section 7426.
SEC. 3303. LAND TRANSFER AND RESTORATION.
(a) Short Title.--This section may be cited as the ``Ute-Moab Land
Restoration Act''.
(b) Transfer of Oil Shale Reserve.--Section 3405 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (10
U.S.C. 7420 note; Public Law 105-261) is amended to read as follows:
``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2.
``(a) Definitions.--In this section:
``(1) Map.--The term ``map'' means the map depicting the
boundaries of NOSR-2, to be kept on file and available for
public inspection in the offices of the Department of the
Interior.
``(2) Moab site.--The term `Moab site' means the Moab
uranium milling site located approximately 3 miles northwest of
Moab, Utah, and identified in the Final Environmental Impact
Statement issued by the Nuclear Regulatory Commission in March
1996, in conjunction with Source Material License No. SUA 917.
``(3) NOSR-2.--The term `NOSR-2' means Oil Shale Reserve
Numbered 2, as identified on a map on file in the Office of the
Secretary of the Interior.
``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe
of the Uintah and Ouray Indian Reservation.
``(b) Conveyance.--
``(1) In general.--Except as provided in paragraph (2), the
United States conveys to the Tribe, subject to valid existing
rights in effect on the day before the date of enactment of
this section, all Federal land within the exterior boundaries
of NOSR-2 in fee simple (including surface and mineral rights).
``(2) Reservations.--The conveyance under paragraph (1)
shall not include the following reservations of the United
States:
``(A) A 9 percent royalty interest in the value of
any oil, gas, other hydrocarbons, and all other
minerals from the conveyed land that are produced,
saved, and sold, the payments for which shall be made
by the Tribe or its designee to the Secretary of Energy
during the period that the oil, gas, hydrocarbons, or
minerals are being produced, saved, sold, or extracted.
``(B) The portion of the bed of Green River
contained entirely within NOSR-2, as depicted on the
map.
``(C) The land (including surface and mineral
rights) to the west of the Green River within NOSR-2,
as depicted on the map.
``(D) A \1/4\ mile scenic easement on the east side
of the Green River within NOSR-2.
``(3) Conditions.--
``(A) Management authority.--On completion of the
conveyance under paragraph (1), the United States
relinquishes all management authority over the conveyed
land (including tribal activities conducted on the
land).
``(B) No reversion.--The land conveyed to the Tribe
under this subsection shall not revert to the United
States for management in trust status.
``(C) Use of easement.--The reservation of the
easement under paragraph (2)(D) shall not affect the
right of the Tribe to obtain, use, and maintain access
to, the Green River through the use of the road within
the easement, as depicted on the map.
``(c) Withdrawals.--Each withdrawal that applies to NOSR-2 and that
is in effect on the date of enactment of this section is revoked to the
extent that the withdrawal applies to NOSR-2.
``(d) Administration of Reserved Land and Interests in Land.--
``(1) In general.--The Secretary of the Interior shall
administer the land and interests in land reserved from
conveyance under subparagraphs (B) and (C) of subsection (b)(2)
in accordance with the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.).
``(2) Management plan.--Not later than 3 years after the
date of enactment of this section, the Secretary shall submit
to Congress a land use plan for the management of the land and
interests in land referred to in paragraph (1).
``(3) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as are
necessary to carry out this subsection.
``(e) Royalty.--
``(1) Payment of royalty.--The royalty interest reserved
from conveyance in subsection (b)(2)(A) that is required to be
paid by the Tribe shall not include any development,
production, marketing, and operating expenses.
``(2) Report.--The Tribe shall submit to the Secretary of
Energy and to Congress an annual report on resource development
and other activities of the Tribe concerning the conveyance
under subsection (b).
``(3) Financial audit.--
``(A) In general.--Not later than 5 years after the
date of enactment of this section, and every 5 years
thereafter, the Tribe shall obtain an audit of all
resource development activities of the Tribe concerning
the conveyance under subsection (b), as provided under
chapter 75 of title 31, United States Code.
``(B) Inclusion of results.--The results of each
audit under this paragraph shall be included in the
next annual report submitted after the date of
completion of the audit.
``(f) River Management.--
``(1) In general.--The Tribe shall manage, under Tribal
jurisdiction and in accordance with ordinances adopted by the
Tribe, land of the Tribe that is adjacent to, and within \1/4\
mile of, the Green River in a manner that--
``(A) maintains the protected status of the land;
and
``(B) is consistent with the government-to-
government agreement and in the memorandum of
understanding dated February 11, 2000, as agreed to by
the Tribe and the Secretary.
``(2) No management restrictions.--An ordinance referred to
in paragraph (1) shall not impair, limit, or otherwise restrict
the management and use of any land that is not owned,
controlled, or subject to the jurisdiction of the Tribe.
``(3) Repeal or amendment.--An ordinance adopted by the
Tribe and referenced in the government-to-government agreement
may not be repealed or amended without the written approval
of--
``(A) the Tribe; and
``(B) the Secretary.
``(g) Plant Species.--
``(1) In general.--In accordance with a government-to-
government agreement between the Tribe and the Secretary, in a
manner consistent with levels of legal protection in effect on
the date of enactment of this section, the Tribe shall protect,
under ordinances adopted by the Tribe, any plant species that
is--
``(A) listed as an endangered species or threatened
species under section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533); and
``(B) located or found on the NOSR-2 land conveyed
to the Tribe.
``(2) Tribal jurisdiction.--The protection described in
paragraph (1) shall be performed solely under tribal
jurisdiction
``(h) Horses.--
``(1) In general.--The Tribe shall manage, protect, and
assert control over any horse not owned by the Tribe or tribal
members that is located or found on the NOSR-2 land conveyed to
the Tribe in a manner that is consistent with Federal law
governing the management, protection, and control of horses in
effect on the date of enactment of this section.
``(2) Tribal jurisdiction.--The management, control, and
protection of horses described in paragraph (1) shall be
performed solely--
``(A) under tribal jurisdiction; and
``(B) in accordance with a government-to-government
agreement between the Tribe and the Secretary.
``(i) Remedial Action at Moab Site.--
``(1) Interim remedial action.--
``(A) Plan.--Not later than 1 year after the date
of enactment of this section, the Secretary of Energy
shall prepare a plan for remedial action, including
ground water restoration, at the uranium milling site
near Moab, Utah, under section 102(a) of the Uranium
Mill Tailings Radiation Control Act of 1978 (42 U.S.C.
7912(a)).
``(B) Commencement of remedial action.--The
Secretary of Energy shall commence remedial action as
soon as practicable after the preparation of the plan.
``(C) Termination of license.--The license for the
materials at the site issued by the Nuclear Regulatory
Commission shall terminate 1 year from the date of
enactment of this section, unless the Secretary of
Energy determines that the license may be terminated
earlier.
``(D) Activities of the trustee of the moab
reclamation trust.-- Until the license referred to in
subparagraph (C) terminates, the Trustee of the Moab
Reclamation Trust (referred to in this paragraph as the
`Trustee'), subject to the availability of funds
appropriated specifically for a purpose described in
clauses (i) through (iii) or made available by the
Trustee from the Moab Reclamation Trust, may carry
out--
``(i) interim measures to reduce or
eliminate localized high ammonia concentrations
identified by the United States Geological
Survey in a report dated March 27, 2000, in the
Colorado River;
``(ii) activities to dewater the mill
tailings; and
``(iii) other activities, subject to the
authority of the Secretary of Energy and the
Nuclear Regulatory Commission.
``(E) Title; caretaking.--Until the date on which
the Moab site is sold under paragraph (4), the
Trustee--
``(i) shall maintain title to the site; and
``(ii) shall act as a caretaker of the
property and in that capacity exercise measures
of physical safety consistent with past
practice, until the Secretary of Energy
relieves the Trustee of that responsibility.
``(2) Limit on expenditures.--The Secretary shall limit the
amounts expended in carrying out the remedial action under
paragraph (1) to--
``(A) amounts specifically appropriated for the
remedial action in an Act of appropriation; and
``(B) other amounts made available for the remedial
action under this subsection.
``(3) Retention of royalties.--
``(A) In general.--The Secretary of Energy shall
retain the amounts received as royalties under
subsection (e)(1).
``(B) Availability.--Amounts referred to in
subparagraph (A) shall be available, without further
Act of appropriation, to carry out the remedial action
under paragraph (1).
``(C) Excess amounts.--On completion of the
remedial action under paragraph (1), all remaining
royalty amounts shall be deposited in the General Fund
of the Treasury.
``(D) Exclusion of national security activities
funding.--The Secretary shall not use any funds made
available to the Department of Energy for national
security activities to carry out the remedial action
under paragraph (1).
``(E) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of
Energy to carry out the remedial action under paragraph
(1) such sums as are necessary.
``(4) Sale of moab site.--
``(A) In general.--If the Moab site is sold after
the date on which the Secretary of Energy completes the
remedial action under paragraph (1), the seller shall
pay to the Secretary of Energy, for deposit in the
miscellaneous receipts account of the Treasury, the
portion of the sale price that the Secretary determines
resulted from the enhancement of the value of the Moab
site that is attributable to the completion of the
remedial action, as determined in accordance with
subparagraph (B).
``(B) Determination of enhanced value.--The
enhanced value of the Moab site referred to in
subparagraph (A) shall be equal to the difference
between--
``(i) the fair market value of the Moab
site on the date of enactment of this section,
based on information available on that date;
and
``(ii) the fair market value of the Moab
site, as appraised on completion of the
remedial action.''.
(c) Uranium Mill Tailings.--Section 102(a) of the Uranium Mill
Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(a)) is amended
by inserting after paragraph (3) the following:
``(4) Designation as processing site.--
``(A) In general.--Notwithstanding any other
provision of law, the Moab uranium milling site
(referred to in this paragraph as the `Moab Site')
located approximately 3 miles northwest of Moab, Utah,
and identified in the Final Environmental Impact
Statement issued by the Nuclear Regulatory Commission
in March 1996, in conjunction with Source Material
License No. SUA 917, is designated as a processing
site.
``(B) Applicability.--This title applies to the
Moab Site in the same manner and to the same extent as
to other processing sites designated under this
subsection, except that--
``(i) sections 103, 107(a), 112(a), and
115(a) of this title shall not apply;
``(ii) a reference in this title to the
date of the enactment of this Act shall be
treated as a reference to the date of enactment
of this paragraph; and
``(iii) the Secretary, subject to the
availability of appropriations and without
regard to section 104(b), shall conduct
remediation at the Moab site in a safe and
environmentally sound manner, including--
``(I) ground water restoration; and
``(II) the removal, to at a site in
the State of Utah, for permanent
disposition and any necessary
stabilization, of residual radioactive
material and other contaminated
material from the Moab Site and the
floodplain of the Colorado River.''.
(d) Conforming Amendment.--Section 3406 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420
note; Public Law 105-261) is amended by inserting after subsection (e)
the following:
``(f) Oil Shale Reserve Numbered 2.--This section does not apply to
the transfer of Oil Shale Reserve Numbered 2 under section 3405.''.
TITLE XXXIV--NATIONAL DEFENSE STOCKPILE
SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2001, the
National Defense Stockpile Manager may obligate up to $75,000,000 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section, including
the disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3402. INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY.
Section 3303(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 1112 Stat.
2263; 50 U.S.C. 98d note) is amended--
(1) in paragraph (2), by striking ``$460,000,000'' and
inserting ``$409,000,000'';
(2) in paragraph (3), by striking ``$555,000,000'' and
inserting ``$585,000,000''; and
(3) in paragraph (4), by striking ``$590,000,000'' and
inserting ``$620,000,000''.
SEC. 3403. DISPOSAL OF TITANIUM.
(a) Disposal Required.--Subject to subsection (b), the President
shall, by September 30, 2010, dispose of 30,000 short tons of titanium
contained in the National Defense Stockpile so as to result in receipts
to the United States in a total amount that is not less than
$180,000,000.
(b) Minimization of Disruption and Loss.--The President may not
dispose of titanium under subsection (a) to the extent that the
disposal will result in--
(1) undue disruption of the usual markets of producers,
processors, and consumers of titanium; or
(2) avoidable loss to the United States.
(c) Treatment of Receipts.--Notwithstanding section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h),
funds received as a result of the disposal of titanium under subsection
(a) shall be applied as follows: $174,000,000 to defray the costs of
health care benefit improvements for retired military personnel; and
$6,000,000 for transfer to the American Battle Monuments Commission for
deposit in the fund established under section 2113 of title 36, United
States Code, for the World War II memorial authorized by section 1 of
Public Law 103-32 (107 Stat. 90).
(d) World War II Memorial.--(1) The amount transferred to the
American Battle Monuments Commission under subsection (c) shall be used
to complete all necessary requirements for the design of, ground
breaking for, construction of, maintenance of, and dedication of the
World War II memorial. The Commission shall determine how the amount
shall be apportioned among such purposes.
(2) Any funds not necessary for the purposes set forth in paragraph
(1) shall be transferred to and deposited in the general fund of the
Treasury.
(e) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority and is
in addition to, and shall not affect, any other disposal authority
provided by law regarding materials in the National Defense Stockpile.
TITLE XXXV--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Energy Employees Occupational
Illness Compensation Act of 2000''.
SEC. 3502. CONSTRUCTION WITH OTHER LAWS.
References in this title to a provision of another statute shall be
considered as references to such provision, as amended and as may be
amended from time to time.
SEC. 3503. DEFINITIONS.
(a) In General.--In this title:
(1) Atomic weapon.--The term ``atomic weapon'' has the
meaning given that term in section 11d. of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(d)).
(2) Atomic weapons employee.--The term ``atomic weapons
employee'' means an individual employed by an atomic weapons
employer during a time when the employer was processing or
producing, for the use by the United States, material that
emitted radiation and was used in the production of an atomic
weapon, excluding uranium mining and milling.
(3) Atomic weapons employer.--The term ``atomic weapons
employer'' means an entity that--
(A) processed or produced, for the use by the
United States, material that emitted radiation and was
used in the production of an atomic weapon, excluding
uranium mining and milling; and
(B) is designated as an atomic weapons employer for
purposes of this title by the Secretary of Energy.
(4) Atomic weapons employer facility.--The term ``atomic
weapons employer facility'' means a facility, owned by an
atomic weapons employer, that is or was used to process or
produce, for use by the United States, material that emitted
radiation and was used in the production of an atomic weapon,
excluding uranium mining or milling.
(5) Beryllium vendor.--The term ``beryllium vendor'' means
the following:
(A) Atomics International.
(B) Brush Wellman, Incorporated, and its
predecessor, Brush Beryllium Company.
(C) General Atomics.
(D) General Electric Company.
(E) NGK Metals Corporation and its predecessors,
Kawecki-Berylco, Cabot Corporation, BerylCo, and
Beryllium Corporation of America.
(F) Nuclear Materials and Equipment Corporation.
(G) StarMet Corporation, and its predecessor,
Nuclear Metals, Incorporated.
(H) Wyman Gordan, Incorporated.
(I) Any other vendor, processor, or producer of
beryllium or related products designated as a beryllium
vendor for purposes of this title under section
3504(a).
(6) Chronic silicosis.--The term ``chronic silicosis''
means silicosis if--
(A) at least 10 years elapse between initial
exposure to silica and the emergence of the silicosis;
and
(B) the silicosis is established by one of the
following:
(i) A chest x-ray presenting any
combination of rounded opacities of type
p/q/r, with or without irregular opacities,
present in at least both upper lung zones and
of profusion 1/0 or greater, as found in
accordance with the International Labor
Organization classification system.
(ii) A physician's provisional or working
diagnosis of silicosis, combined with--
(I) a chest radiograph interpreted
as consistent with silicosis; or
(II) pathologic findings consistent
with silicosis.
(iii) A history of occupational exposure to
airborne silica dust and a chest radiograph or
other imaging technique interpreted as
consistent with silicosis or pathologic
findings consistent with silicosis.
(7) Compensation.--The term ``compensation'' means the
money allowance payable under this title and any other benefits
paid for from the Fund including the alternative compensation
payable pursuant to section 3515.
(8) Covered beryllium employee.--The term ``covered
beryllium employee'' means the following:
(A) A current or former employee (as that term is
defined in section 8101(1) of title 5, United States
Code) who may have been exposed to beryllium at a
Department of Energy facility or at a facility owned,
operated, or occupied by a beryllium vendor.
(B) A current or former employee of any entity that
contracted with the Department of Energy to provide
management and operation, management and integration,
or environmental remediation of a Department of Energy
facility or an employee of any contractor or
subcontractor that provided services, including
construction and maintenance, at such a facility.
(C) A current or former employee of a beryllium
vendor, or a contractor or subcontractor of a beryllium
vendor, during a period when the vendor was engaged in
activities related to the production or processing of
beryllium for sale to, or use by, the Department of
Energy.
(9) Covered beryllium illness.--The term ``covered
beryllium illness'' means any condition as follows:
(A) Beryllium sensitivity as established by--
(i) an abnormal beryllium lymphocyte
proliferation test performed on either blood or
lung lavage cells; or
(ii) other means specified under section
3504(b).
(B) Chronic beryllium disease as established by the
following:
(i) For diagnoses on or after January 1,
1993--
(I) beryllium sensitivity, as
established in accordance with
subparagraph (A); and
(II) lung pathology consistent with
chronic beryllium disease, including--
(aa) a lung biopsy showing
granulomas or a lymphocytic
process consistent with chronic
beryllium disease;
(bb) a computerized axial
tomography scan showing changes
consistent with chronic
beryllium disease; or
(cc) pulmonary function or
exercise testing showing
pulmonary deficits consistent
with chronic beryllium disease.
(ii) For diagnoses before January 1, 1993,
the presence of four of the criteria set forth
in subclauses (I) through (VI), including the
criteria set forth in subclause (I) and any
three of the criteria set forth in subclauses
(II) through (VI):
(I) Occupational or environmental
history, or epidemiologic evidence of
beryllium exposure.
(II) Characteristic chest
radiographic (or computed tomography
(CT) abnormalities.
(III) Restrictive or obstructive
lung physiology testing or diffusing
lung capacity defect.
(IV) Lung pathology consistent with
chronic beryllium disease.
(V) Clinical course consistent with
a chronic respiratory disorder.
(VI) Immunologic tests showing
beryllium sensitivity (skin patch test
or beryllium blood test preferred).
(iii) Other means specified under section
3504(b).
(C) Any injury, illness, impairment, or disability
sustained as a consequence of a covered beryllium illness
referred to in subparagraph (A) or (B).
(10) Covered employee.--The term ``covered employee'' means
a covered beryllium employee, a covered employee with cancer,
or a covered employee with chronic silicosis.
(11) Covered employee with cancer.--The term ``covered
employee with cancer'' means the following:
(A) An individual who meets the criteria in section
3511(c)(1).
(B) A member of the Special Exposure Cohort.
(12) Covered employee with chronic silicosis.--The term
``covered employee with chronic silicosis'' means a--
(A) Department of Energy employee; or
(B) Department of Energy contractor employee;
with chronic silicosis who was exposed to silica in the
performance of duty as determined in section 3511(b).
(13) Department of energy.--The term ``Department of
Energy'' includes the predecessor agencies of the Department of
Energy, including the Manhattan Engineering District.
(14) Department of energy contractor employee.--The term
``Department of Energy contractor employee'' means the
following:
(A) An individual who is or was in residence at a
Department of Energy facility as a researcher for a
period of at least 24 cumulative months.
(B) An individual who is or was employed, at a
Department of Energy facility by--
(i) an entity that contracted with the
Department of Energy to provide management and
operating, management and integration, or
environmental remediation at the facility; or
(ii) a contractor or subcontractor that
provided services, including construction and
maintenance, at the facility.
(15) Department of energy facility.--The term ``Department
of Energy facility'' means any building, structure, or premise,
including the grounds upon which such building, structure, or
premise is located--
(A) in which operations are, or have been,
conducted by, or on behalf of, the Department of Energy
(except for buildings, structures, premises, grounds,
or operations covered by Executive Order 12344,
pertaining to the Naval Nuclear Propulsion Program);
and
(B) with regard to which the Department of Energy
has or had--
(i) a proprietary interest; or
(ii) entered into a contract with an entity
to provide management and operation, management
and integration, environmental remediation
services, construction, or maintenance
services.
(16) Fund.--The term ``Fund'' means the Energy Employees'
Occupational Illness Compensation Fund under section 3542 of
this title.
(17) Monthly pay.--The term ``monthly pay'' means the
monthly pay at the time of injury, or the monthly pay at the
time disability begins, or the monthly pay at the time the
compensable disability recurs, if the recurrence begins more
than 6 months after the employee resumes regular full-time
employment, whichever is greater, except when otherwise
determined under section 8113 of title 5, United States Code.
(18) Radiation.--The term ``radiation'' means ionizing
radiation in the form of--
(A) alpha particles;
(B) beta particles;
(C) neutrons;
(D) gamma rays; or
(E) accelerated ions or subatomic particles from
accelerator machines.
(19) Secretary of Health and Human Services.--The term
``Secretary of Health and Human Services'' means the Secretary
of Health and Human Services with the assistance of the
Director of the National Institute for Occupational Safety and
Health.
(20) Special exposure cohort.--The term ``Special Exposure
Cohort'' means the following groups of Department of Energy
employees, Department of Energy contractor employees, and
atomic weapons employees:
(A) Individuals who--
(i) were employed during the period prior
to February 1, 1992--
(I) at the gaseous diffusion plants
located in--
(aa) Paducah, Kentucky;
(bb) Portsmouth, Ohio; or
(cc) Oak Ridge, Tennessee;
and
(II) by--
(aa) the Department of
Energy;
(bb) a Department of Energy
contractor or subcontractor; or
(cc) an atomic weapons
employer; and
(ii) during employment covered by clause
(i)--
(I) were monitored through the use
of dosimetry badges for exposure at the
plant of the external parts of the
employee's body to radiation; or
(II) worked in a job that had
exposures comparable to a job that is
or was monitored through the use of
dosimetry badges.
(B) Individuals who were employed by the Department
of Energy or a Department of Energy contractor or
subcontractor on Amchitka Island, Alaska, prior to
January 1, 1974, and who were exposed to ionizing
radiation in the performance of duty related to the
Long Shot, Milrow, or Cannikin underground nuclear
tests.
(C) Individuals designated as part of the Special
Exposure Cohort by the Secretary of Health and Human
Services, in accordance with section 3513.
(21) Specified cancer.--The term ``specified cancer'' means
the following:
(A) Leukemia (other than chronic lymphocytic
leukemia).
(B) Multiple myeloma.
(C) Non-Hodgkins Lymphoma.
(D) Cancer of the--
(i) bladder;
(ii) bone;
(iii) brain;
(iv) breast (male or female);
(v) cervix;
(vi) digestive system (including esophagus,
stomach, small intestine, bile ducts, colon,
rectum, or other digestive organs);
(vii) gallbladder;
(viii) kidney;
(ix) larynx, pharynx, or other respiratory
organs;
(x) liver;
(xi) lung;
(xii) male genitalia;
(xiii) nasal organs;
(xiv) nervous system;
(xv) ovary;
(xvi) pancreas;
(xvii) prostate;
(xviii) salivary gland (parotid or non-
parotid);
(xix) thyroid;
(xx) ureter;
(xxi) urinary tract or other urinary
organs; or
(xxii) uterus.
(22) Survivor.--The term ``survivor'' means any individual
or individuals eligible to receive compensation pursuant to
section 8133 of title 5, United States Code.
(23) Time of injury.--The term ``time of injury'' means--
(A) in regard to a claim arising out of exposure to
beryllium, the last date on which a covered employee
was exposed to beryllium in the performance of duty in
accordance with section 3511(a);
(B) in regard to a claim arising out of chronic
silicosis, the last date on which a covered employee
was exposed to silica in the performance of duty in
accordance with section 3511(b); and
(C) in regard to a claim arising out of exposure to
radiation, the last date on which a covered employee
was exposed to radiation in the performance of duty in
accordance with section 3511(c)(1) or, in the case of a
member of the Special Exposure Cohort, the last date on
which the member of the Special Exposure Cohort was
employed at the Department of Energy facility at which
the member was exposed to radiation.
(b) Terms Used in Administration.--
(1) In general.--The following terms have the meaning given
those terms in section 8101 of title 5, United States Code--
(A) ``physician'';
(B) ``medical, surgical, and hospital services and
supplies'';
(C) ``injury'';
(D) ``widow'';
(E) ``parent'';
(F) ``brother'';
(G) ``sister'';
(H) ``child'';
(I) ``grandchild'';
(J) ``widower'';
(K) ``student'';
(L) ``price index'';
(M) ``organ''; and
(N) ``United States medical officers and
hospitals''.
(2) Employee.--In applying any provision of chapter 81 of
title 5, United States Code (except section 8101), under this
title, the term ``employee'' in such provision shall mean a
covered employee.
(3) Employees' compensation fund.--In applying any
provision of chapter 81 of title 5, United States Code, under
this title, the term ``Employees' Compensation Fund'' in such
provision shall mean the Fund.
SEC. 3504. EXPANSION OF LIST OF BERYLLIUM VENDORS AND MEANS OF
ESTABLISHING COVERED BERYLLIUM ILLNESSES.
(a) Beryllium Vendors.--The Secretary of Energy may from time to
time, and in consultation with the Secretary of Labor, designate as a
beryllium vendor for purposes of section 3503(a)(5) any vendor,
processor, or producer of beryllium or related products not previously
listed under or designated for purposes of that section if the
Secretary of Energy finds that such vendor, processor, or producer has
been engaged in activities related to the production or processing of
beryllium for sale to, or use by, the Department of Energy in a manner
similar to the entities listed in that section.
(b) Means of Establishing Covered Beryllium Illnesses.--The
Secretary of Health and Human Services may from time to time, and in
consultation with the Secretary of Energy, specify means of
establishing the existence of a covered beryllium illness referred to
in subparagraph (A) or (B) of section 3503(a)(9) not previously listed
under or specified for purposes of such subparagraph.
Subtitle A--Beryllium, Silicosis, and Radiation Compensation
SEC. 3511. EXPOSURE TO HAZARDS IN THE PERFORMANCE OF DUTY.
(a) Beryllium.--In the absence of substantial evidence to the
contrary, a covered beryllium employee shall be determined to have been
exposed to beryllium in the performance of duty for the purposes of
this title if, and only if, the covered beryllium employee was--
(1) employed at a Department of Energy facility; or
(2) present at a Department of Energy facility, or a
facility owned and operated by a beryllium vendor, because of
employment by the United States, a beryllium vendor, or a
contractor or subcontractor of the Department of Energy;
during a period when beryllium dust, particles, or vapor may have been
present at such facility.
(b) Chronic Silicosis.--In the absence of substantial evidence to
the contrary, a covered employee with chronic silicosis shall be
determined to have been exposed to silica in the performance of duty
for the purposes of this title if, and only if, the covered employee
with chronic silicosis was present during the mining of tunnels at a
Department of Energy facility for tests or experiments related to an
atomic weapon.
(c) Cancer.--
(1) In general.--A Department of Energy employee,
Department of Energy contractor employee, or an atomic weapons
employee shall be determined to have sustained a cancer in the
performance of duty if, and only if, such employee--
(A) contracted cancer after beginning employment at
a Department of Energy facility for a Department of
Energy contractor or an atomic weapons employer
facility for an atomic weapons employer; and
(B) falls within guidelines that--
(i) are established by the Secretary of
Health and Human Services by regulation, after
consultation with the Secretary of Energy and
after technical review by the Advisory Board
under section 3512, for determining whether the
cancer the employee contracted was at least as
likely as not related to employment at the
facility;
(ii) are based on the radiation dose
received by the employee (or a group of
employees performing similar work) at the
facility and the upper 99 percent confidence
interval of the probability of causation in the
radioepidemiological tables published under
section 7(b) of the Orphan Drug Act (42 U.S.C.
241 note), as such tables may be updated under
section 7(b)(3) of such Act from time to time;
(iii) incorporate the methods established
under subsection (d); and
(iv) take into consideration the type of
cancer; past health-related activities, such as
smoking; information on the risk of developing
a radiation-related cancer from workplace
exposure; and other relevant factors.
(2) Special exposure cohort.--A member of the Special
Exposure Cohort shall be determined to have sustained a cancer
in the performance of duty if, and only if, such individual
contracted a specified cancer after beginning employment at a
Department of Energy facility for a Department of Energy
contractor or an atomic weapons employer facility for an atomic
weapons employer.
(d) Radiation Dose.--
(1) In general.--The Secretary of Health and Human
Services, after consultation with the Secretary of Energy,
shall--
(A) establish by regulation methods for arriving at
reasonable estimates of the radiation doses Department
of Energy employees or Department of Energy contractor
employees received at a Department of Energy facility
and atomic weapons employees received at a facility
operated by an atomic weapons employer if such
employees were not monitored for exposure to radiation
at the facility, or were monitored inadequately, or if
the employees' exposure records are missing or
incomplete; and
(B) provide to an employee who meets the
requirements of subsection (c)(1)(B) an estimate of the
radiation dose the employee received based on dosimetry
reading, a method established under subparagraph (A),
or a combination of both.
(2) Scientific review.--The Secretary of Health and Human
Services shall establish an independent review process
utilizing the Advisory Board under section 3512 to assess the
methods established under paragraph (1)(A) and the application
of those methods and to verify a reasonable sample of
individual dose reconstructions provided under paragraph
(1)(B).
(3) Access to dose reconstructions.--The Secretary of
Health and Human Services and the Secretary of Energy each
shall, consistent with the protection of private medical
records, make available to researchers and the general public
information on the assumptions, methodology, and data used in
dose reconstructions undertaken under this subtitle.
SEC. 3512. ADVISORY BOARD ON RADIATION AND WORKER HEALTH.
(a) Establishment.--
(1) In general.--Not later than 120 days after the date of
enactment of this title, the Secretary of Health and Human
Services, in consultation with the Secretary of Energy, shall
establish and appoint an Advisory Board on Radiation and Worker
Health.
(2) Balance of views.--In making appointments to the Board,
the Secretary of Health and Human Services shall also consult
with labor unions and other organizations with expertise on
worker health issues to ensure that the membership of the Board
reflects a balance of scientific, medical, and worker
perspectives.
(3) Chair.--The Secretary of Health and Human Services
shall designate a Chair for the Board from among its members.
(b) Duties.--The Board shall advise the Secretary of Health and
Human Services, Secretary of Energy, and Secretary of Labor on--
(1) the development of guidelines to be used by the
Secretary of Health and Human Services under section 3511;
(2) the scientific validity and quality of dose estimation
and reconstruction efforts being performed to implement
compensation programs under this subtitle; and
(3) other matters related to radiation and worker health in
Department of Energy facilities as the Secretary of Labor, the
Secretary of Energy, or the Secretary of Health and Human
Services may request.
(c) Staff.--
(1) In general.--The Secretary of Health and Human Services
shall appoint a staff to facilitate the work of the Board,
headed by a Director appointed under subchapter VIII of chapter
33 of title 5, United States Code.
(2) Details.--The Secretary of Health and Human Services
may accept for staff of the Board personnel on detail from
other Federal agencies to serve on the staff on a
nonreimbursable basis.
(d) Expenses.--Members of the Board, other than full-time employees
of the Federal Government, while attending meetings of the Board or
while otherwise serving at the request of the Secretary of Health and
Human Services while serving away from their homes or regular places of
business, may be allowed travel and meal expenses, including per diem
in lieu of subsistence, as authorized by section 5703 of title 5,
United States Code, for individuals in the Government serving without
pay.
(e) Applicability of FACA.--The Advisory Board shall be subject to
the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 3513. DESIGNATION OF ADDITIONAL MEMBERS OF THE SPECIAL EXPOSURE
COHORT.
(a) Advice on Membership in Cohort.--
(1) In general.--Upon request of the Secretary of Health
and Human Services, the Advisory Board on Radiation and Worker
Health under section 3512, based on exposure assessments by
radiation health professionals, information provided by the
Department of Energy, and other information deemed appropriate
by the Board, shall advise the Secretary of Health and Human
Services whether there is a class of employees at a Department
of Energy facility who likely were exposed to radiation at the
facility but for whom it is not feasible to estimate with
sufficient accuracy the radiation dose they received.
(2) Procedures.--The Secretary of Health and Human Services
shall establish procedures for considering petitions by classes
of employees to request the advice of the Board.
(b) Treatment as Members of Cohort.--A class of employees at a
Department of Energy facility shall be considered as members of the
Special Exposure Cohort for purposes of section 3503(a)(20) if the
Secretary of Health and Human Services, upon recommendation of the
Advisory Board on Radiation and Worker Health and in consultation with
the Secretary of Energy, determines that--
(1) it is not feasible to estimate with sufficient accuracy
the radiation dose which the class received; and
(2) there is a reasonable likelihood that the radiation
dose may have endangered the health of members of the class.
(c) Access to Information.--The Secretary of Energy shall, in
accordance with law, provide the Secretary of Health and Human Services
and the members and staff of the Advisory Board under section 3512
access to relevant information on worker exposures, including access to
Restricted Data (as that term is defined in section 11y. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(y)).
SEC. 3514. AUTHORITY TO PROVIDE COMPENSATION AND OTHER ASSISTANCE.
(a) Compensation.--Subject to the provisions of this title, the
Secretary of Labor--
(1) shall pay compensation in accordance with sections 8105
through 8110, 8111(a), 8112, 8113, 8115, 8117, 8133, 8134,
8146a(a), and 8146a(b) of title 5, United States Code, for the
disability or death--
(A) from a covered beryllium illness of a covered
beryllium employee who was exposed to beryllium while
in the performance of duty as determined in accordance
with section 3511(a) of this title;
(B) from chronic silicosis of a covered employee
with chronic silicosis who was exposed to silica in the
performance of duty as determined in accordance with
section 3511(b) of this title; or
(C) from cancer of a covered employee with cancer
determined to have sustained that cancer in the
performance of duty in accordance with section 3511(c)
of this title or from any injury suffered as a
consequence of that cancer;
(2) shall furnish the services and other benefits specified
in section 8103 of title 5, United States Code, to--
(A) a covered beryllium employee with a covered
beryllium illness who was exposed to beryllium in the
performance of duty as determined in accordance with
section 3511(a) of this title;
(B) a covered employee with chronic silicosis who
was exposed to silica in the performance of duty as
determined in accordance with section 3511(b) of this
title; or
(C) a covered employee with cancer determined to
have sustained that cancer in the performance of duty
in accordance with section 3511(c) of this title or to
have suffered any injury as a consequence of that
cancer; and
(3) may direct a permanently disabled individual whose
disability is compensable under this subtitle to undergo
vocational rehabilitation and shall provide for furnishing such
vocational rehabilitation services pursuant to the provisions
of sections 8104, 8111(b), and 8113(b) of title 5, United
States Code.
(b) Limitations on Compensation.--
(1) Employee misconduct.--No compensation or benefits may
be paid or provided under this title for a cancer (including a
specified cancer), chronic silicosis, covered beryllium
illness, or death if the cancer (including a specified cancer),
chronic silicosis, covered beryllium illness, or death occurred
under one of the circumstances set forth in paragraph (1), (2),
or (3) of section 8102(a) of title 5, United States Code.
(2) Retroactive benefits.--No compensation may be paid
under this section for any period before the date of enactment
of this title, except in the case of compensation under section
3515.
(3) Source.--All compensation under this subtitle shall be
paid from the Fund.
(c) Computation of Pay.--
(1) In general.--Except as otherwise provided by this title
or by regulation, computation of pay under this title shall be
determined in accordance with section 8114 of title 5, United
States Code.
(2) Substitute rule for section 8114(d)(3).--If either of
the methods of determining the average annual earnings
specified in section 8114(d) (1) and (2) of title 5, United
States Code, cannot be applied reasonably and fairly, the
average annual earnings are a sum that reasonably represents
the annual earning capacity of the covered employee in the
employment in which the employee was working at the time of
injury having regard to the previous earnings of the employee
in similar employment, and of other employees of the same
employer in the same or most similar class working in the same
or most similar employment in the same or neighboring location,
other previous employment of the employee, or other relevant
factors. However, the average annual earnings may not be less
than 150 times the average daily wage the covered employee
earned in the employment during the days employed within 1 year
immediately preceding the time of injury.
(d) Assistance for Claimants.--The Secretary of Labor shall, upon
the receipt of a request for assistance from a claimant for
compensation under this section, provide assistance to the claimant in
connection with the claim, including--
(1) assistance in securing medical testing and diagnostic
services necessary to establish the existence of a covered
beryllium illness or cancer; and
(2) such other assistance as may be required to develop
facts pertinent to the claim.
(e) Assistance for Potential Claimants.--The Secretary of Energy,
in consultation with the Secretary of Labor, shall take appropriate
actions to inform and assist covered employees who are potential
claimants under this subtitle, and other potential claimants under this
subtitle, of the availability of compensation under this subtitle,
including actions to--
(1) ensure the ready availability, in paper and electronic
format, of forms necessary for making claims;
(2) provide such covered employees and other potential
claimants with information and other support necessary for
making claims, including--
(A) medical protocols for medical testing and
diagnosis to establish the existence of a covered
beryllium illness, silicosis, or cancer; and
(B) lists of vendors approved for providing
laboratory services related to such medical testing and
diagnosis;
(3) provide such additional assistance to such covered
employees and other potential claimants as may be required for
the development of facts pertinent to a claim.
(f) Information From Beryllium Vendors and Other Contractors.--As
part of the assistance program provided under subsections (d) and (e),
and as permitted by law, the Secretary of Energy shall, upon the
request of the Secretary of Labor, require a beryllium vendor or other
Department of Energy contractor or subcontractor to provide information
relevant to a claim or potential claim under this title to the
Secretary of Labor.
SEC. 3515. ALTERNATIVE COMPENSATION.
(a) In General.--Subject to the provisions of this section, a
covered employee eligible for benefits under section 3514(a), or the
survivor of such covered employee if the employee is deceased, may
elect to receive compensation in the amount of $200,000 in lieu of any
other compensation under section 3514(a)(1).
(b) Death Before Election.--
(1) In general.--Subject to the provisions of this section,
if a covered employee otherwise eligible to make an election
provided by this section dies before the date of enactment of
this title, or before making the election, whether or not the
death is a result of a cancer (including a specified cancer),
chronic silicosis, or covered beryllium illness, a survivor of
the covered employee on behalf of the survivor and any other
survivors of the covered employee may make the election and
receive the compensation provided for under this section.
(2) Precedence of survivors.--The right to make an election
and to receive compensation under this section shall be
afforded to survivors in the order of precedence set forth in
section 8109 of title 5, United States Code.
(c) Time Limit for Election.--An election under this section may be
made at any time after the submittal under this subtitle of the claim
on which such compensation is based, but not later than 30 days after
the latter of the date of--
(1) a determination by the Secretary of Labor that an
employee is eligible for an award under this section; or
(2) a determination by the Secretary of Labor under section
3214 awarding an employee or an employee's survivors
compensation for total or partial disability or compensation in
case of death.
(d) Irrevocability of Election.--
(1) In general.--An election under this section when made
is irrevocable.
(2) Binding effect.--An election made by a covered employee
or survivor under this section is binding on all survivors of
the covered employee.
SEC. 3516. SUBMITTAL OF CLAIMS.
(a) Claim Required.--A claim for compensation under this subtitle
shall be submitted to the Secretary of Labor in the manner specified in
section 8121 of title 5, United States Code.
(b) General Time Limitations.--A claim for compensation under this
subtitle shall be filed under this section not later than the later
of--
(1) seven years after the date of enactment of this title;
(2) seven years after the date the claimant first becomes
aware that a cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death from any of the
foregoing of a covered employee may be connected to the
exposure of the covered employee to beryllium, radiation, or
silica in the performance of duty.
(c) New Period for Additional Illnesses and Conditions.--A new
period of limitation under subsection (b)(2) shall commence with each
new diagnosis of a cancer (including a specified cancer), chronic
silicosis, or covered beryllium illness that is different from a
previously diagnosed cancer (including a specified cancer), chronic
silicosis, or covered beryllium illness.
(d) Death Claim.--The timely filing of a disability claim for a
cancer (including a specified cancer), chronic silicosis, or covered
beryllium illness shall satisfy the time requirements of this section
for death benefits for the same cancer (including a specified cancer),
chronic silicosis, or covered beryllium illness.
SEC. 3517. ADJUDICATION AND ADMINISTRATION.
(a) In General.--
(1) Requirement.--The Secretary of Labor shall determine
and make a finding of fact and make an award for or against
payment of compensation under this subtitle after--
(A) considering the claim presented by the
claimant, the results of any medical test or diagnosis
undertaken to establish the existence of a cancer
(including a specified cancer), chronic silicosis, or
covered beryllium illness, and any report furnished by
the Secretary of Energy with respect to the claim; and
(B) completing such investigation as the Secretary
of Labor considers necessary.
(2) Scope of allowance and denial.--The Secretary may allow
or deny a claim, in whole or in part.
(b) Available Authorities.--
(1) In general.--Except as provided in paragraph (2), in
carrying out activities under subsection (c), the Secretary of
Labor may utilize the authorities available to the Secretary
under sections 8123, 8124(b), 8125, 8126, 8128(a), and 8129 of
title 5, United States Code.
(2) Disagreement.--If there is a disagreement under section
8123(a) of title 5, United States Code, between the physician
making the examination for the United States and the physician
of the employee, the Secretary of Labor shall appoint a third
physician from a roster of physicians with relevant expertise
maintained by the Secretary of Health and Human Services.
(c) Rights of Claimant.--
(1) In general.--Except as provided by paragraph (2), the
provisions of section 8127 of title 5, United States Code,
shall apply.
(2) Suits to compel information.--A claimant may commence
an action in the appropriate district court of the United
States against a beryllium vendor, or other contractor or
subcontractor of the Department of Energy, to compel the
production of information or documents requested by the
Secretary of Labor under this subtitle if such information or
documents are not provided within 180 days of the date of the
request. Upon successful resolution of any action brought under
this paragraph, the court shall award the claimant reasonable
attorney fees and costs to be paid by the defendant in such
action.
(d) Deadlines.--Beginning on the date that is two years after the
date of enactment of this title, the Secretary of Labor shall allow or
deny a claim under this section not later than the later of--
(1) 180 days after the date of submittal of the claim to
the Secretary under section 3516; or
(2) 120 days after the date of receipt of information or
documents produced under subsection (c)(2).
(e) Resolution of Reasonable Doubt.--Except as provided in
subsection (b)(2), in determining whether a claimant meets the
requirements of this subtitle, the Secretary of Labor shall find in
favor of the claimant in circumstances where the evidence supporting
the claim of the claimant and the evidence controverting the claim of
the claimant is in equipoise.
(f) Service of Decision.--The Secretary of Labor shall have served
upon a claimant the Secretary's decision denying the claim under this
section, including the finding of fact under subsection (a)(1).
(g) Hearings and Further Review.--
(1) Regulations.--The Secretary of Labor may prescribe
regulations necessary for the administration and enforcement of
this title including regulations for the conduct of hearings
under this section.
(2) Appeals panels.--
(A) In general.--Regulations issued by the
Secretary of Labor under this title shall provide for
one or more Energy Employees' Compensation Appeals
Panels of three individuals with authority to hear and,
subject to applicable law and the regulations of the
Secretary, make final decisions on appeals taken from
determinations and awards with respect to claims of
employees filed under this subtitle.
(B) Interagency agreement.--Under an agreement
between the Secretary of Labor and another Federal
agency (except the Department of Energy), a panel
appointed by the other Federal agency may provide these
appellate decisionmaking services.
(3) Appeal.--An individual seeking review of a denial of an
award under this section shall submit an appeal in accordance
with the regulations under this subsection.
(h) Reconsideration Based on New Criteria or Evidence.--
(1) New criteria or methods for establishing work-related
illness.--A claimant may obtain reconsideration of a decision
awarding or denying coverage under this subtitle within one
year after the effective date of regulations setting forth--
(A) new criteria for establishing a covered
beryllium illness pursuant to section 3504(b); or
(B) additional or revised methods for determining
whether a cancer was at least as likely as not related
to employment pursuant to section 3211(c)(1)(B)(i);
by submitting evidence that is relevant and pertinent to the
new regulations.
(2) New Evidence.--A covered employee or covered employee's
survivor may obtain reconsideration of a decision denying an
application for compensation or benefits under this title if
the employee or employee's survivor has additional medical or
other information relevant to the claim that was not reasonably
available at the time of the decision and that likely would
lead to the reversal of the decision.
Subtitle B--Exposure to Other Toxic Substances
SEC. 3521. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the Office of Workers' Compensation Advocate under section 217
of the Department of Energy Organization Act, as added by
section 3538 of this Act.
(2) Panel.--The term ``panel'' means a physicians panel
established under section 3522(d).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3522. AGREEMENTS WITH STATES.
(a) Agreements.--The Secretary, through the Director, may enter
into agreements with the Governor of a State to provide assistance to a
Department of Energy contractor employee in filing a claim under the
appropriate State workers' compensation system.
(b) Procedure.--Pursuant to agreements under subsection (a), the
Director may--
(1) establish procedures under which an individual may
submit an application for review and assistance under this
section, and
(2) review an application submitted under this section and
determine whether the applicant submitted reasonable evidence
that--
(A) the application was filed by or on behalf of a
Department of Energy contractor employee or employee's
estate, and
(B) the illness or death of the Department of
Energy contractor employee may have been related to
employment at a Department of Energy facility.
(c) Submittal of Applications to Panels.--If provided in an
agreement under subsection (a), and if the Director determines that the
applicant submitted reasonable evidence under subsection (b)(2), the
Director shall submit the application to a physicians panel established
under subsection (d). The Director shall assist the employee in
obtaining additional evidence within the control of the Department of
Energy and relevant to the panel's deliberations.
(d) Panel.--
(1) Number of panels.--The Director shall inform the
Secretary of Health and Human Services of the number of
physicians panels the Director has determined to be appropriate
to administer this section, the number of physicians needed for
each panel, and the area of jurisdiction of each panel. The
Director may determine to have only one panel.
(2) Appointment.--
(A) In general.--The Secretary of Health and Human
Services shall appoint panel members with experience
and competency in diagnosing occupational illnesses
under section 3109 of title 5, United States Code.
(B) Compensation.--Each member of a panel shall be
paid at the rate of pay payable for level III of the
Executive Schedule for each day (including travel time)
the member is engaged in the work of a panel.
(3) Duties.--A panel shall review an application submitted
to it by the Director and determine, under guidelines
established by the Director, by rule, whether the illness or
death that is the subject of the application arose out of and
in the course of employment by the Department of Energy and
exposure to a toxic substance at a Department of Energy
facility.
(4) Additional information.--At the request of a panel, the
Director and a contractor who employed a Department of Energy
contractor employee shall provide additional information
relevant to the panel's deliberations. A panel may consult
specialists in relevant fields as it determines necessary.
(5) Determinations.--Once a panel has made a determination
under paragraph (3), it shall report to the Director its
determination and the basis for the determination.
(6) Inapplicability of FACA.--A panel established under
this section shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
(e) Assistance.--If provided in an agreement under subsection (a)--
(1) the Director shall review a panel's determination made
under subsection (d), information the panel considered in
reaching its determination, any relevant new information not
reasonably available at the time of the panel's deliberations,
and the basis for the panel's determination;
(2) as a result of the review under paragraph (1), the
Director shall accept the panel's determination in the absence
of compelling evidence to the contrary;
(3) if the panel has made a positive determination under
subsection (d) and the Director accepts the determination under
paragraph (2), or the panel has made a negative determination
under subsection (d) and the Director finds compelling evidence
to the contrary--
(A) the Director shall--
(i) assist the applicant to file a claim
under the appropriate State workers'
compensation system based on the health
condition that was the subject of the
determination;
(ii) recommend to the Secretary of Energy
that the Department of Energy not contest a
claim filed under a State workers' compensation
system based on the health condition that was
the subject of the determination and not
contest an award made under a State workers'
compensation system regarding that claim; and
(iii) recommend to the Secretary of Energy
that the Secretary direct, as permitted by law,
the contractor who employed the Department of
Energy contractor employee who is the subject
of the claim not to contest the claim or an
award regarding the claim; and
(B) any costs of contesting a claim or an award
regarding the claim incurred by the contractor who
employed the Department of Energy contractor employee
who is the subject of the claim shall not be an
allowable cost under a Department of Energy contract.
(f) Information.--At the request of the Director, a contractor who
employed a Department of Energy contractor employee shall make
available to the Director or the employee, information relevant to
deliberations under this section.
(g) GAO Report.--Not later than February 1, 2002, the Comptroller
General shall submit a report to the Congress evaluating the
implementation by the Department of Energy of the provisions of this
subtitle and of the effectiveness of the program under this subtitle in
providing compensation to Department of Energy contractor employees for
occupational illness.
Subtitle C--General Provisions
SEC. 3531. TREATMENT OF COMPENSATION AND BENEFITS.
(a) In General.--Any compensation or benefits allowed, paid, or
provided under this title--
(1) shall not be included as income or resources for
purposes of determining eligibility to receive benefits
described in section 3803(c)(2)(C) of title 31, United States
Code, or the amount of those benefits; and
(2) shall not be subject to offset under chapter 37 of
title 31, United States Code.
(b) Insurance.--(1) Compensation or benefits paid or provided under
this title shall not be considered as any form of compensation or
reimbursement for a loss for purposes of imposing liability on an
individual receiving the compensation or benefits to repay any
insurance carrier for insurance payments made.
(2) The payment or provision of compensation or benefits under this
title shall not be treated as affecting any claim against an insurance
carrier with respect to insurance.
(c) Prohibition on Assignment or Attachment of Claims.--The
provisions of section 8130 of title 5, United States Code, shall apply
to claims under this title.
(d) Retention of Civil Service Rights.--If a Federal employee found
to be disabled under this title resumes employment with the Federal
Government, the employee shall be entitled to the rights set forth in
section 8151 of title 5, United States Code.
SEC. 3532. FORFEITURE OF BENEFITS BY CONVICTED FELONS.
(a) Forfeit Compensation.--Any individual convicted of a violation
of section 1920 of title 18, United States Code, or any other Federal
or State criminal statute relating to fraud in the application for or
receipt of any benefit under this title or under any other Federal or
State workers' compensation law, shall forfeit (as of the date of such
conviction) any entitlement to any benefit under this title such
individual would otherwise be awarded for any injury, illness or death
covered by this title for which the time of injury was on or before the
date of the conviction. This forfeiture shall be in addition to any
action the Secretary of Labor takes under sections 8106 or 8129 of
title 5, United States Code.
(b) Dependents.--(1) Notwithstanding any other provision of law,
except as provided under paragraph (2), compensation under this title
shall not be paid or provided to an individual during any period during
which such individual is confined in a jail, prison, or other penal
institution or correctional facility, pursuant to that individual's
conviction of an offense that constituted a felony under applicable
law. After this period of incarceration ends, the individual shall not
receive compensation forfeited during the period of incarceration.
(2) If an individual has one or more dependents as defined under
section 8110(a) of title 5, United States Code, the Secretary of Labor
may, during the period of incarceration, pay to such dependents a
percentage of the compensation under section 3114 that would have been
payable to the individual computed according to the percentages set
forth in section 8133(a) (1) through (5) of title 5, United States
Code.
(c) Information.--Notwithstanding section 552a of title 5, United
States Code, or any other Federal or State law, an agency of the United
States, a State, or a political subdivision of a State shall make
available to the Secretary of Labor, upon written request from the
Secretary of Labor and if the Secretary of Labor requires the
information to carry out this section, the names and Social Security
account numbers of individuals confined, for conviction of a felony, in
a jail, prison, or other penal institution or correctional facility
under the jurisdiction of that agency.
SEC. 3533. LIMITATION ON RIGHT TO RECEIVE BENEFITS.
(a) Claimant.--A claimant who receives compensation for any claim
under this title, except for compensation provided under the authority
of section 8103(b) of title 5, United States Code, shall not receive
compensation for any other claim under this title.
(b) Survivor.--If a survivor receives compensation for any claim
under this title derived from a covered employee, except for
compensation provided under the authority of section 8103(b) of title
5, United States Code, such survivor shall not receive compensation for
any other claim under this title derived from the same covered
employee. A survivor of a claimant who receives compensation for any
claim under this title, except for compensation provided under the
authority of section 8103(b) of title 5, United States Code, shall not
receive compensation for any other claim under this title derived from
the same covered employee.
(c) Widow or Widower.--A widow or widower who is eligible for
benefits under this title derived from more than one husband or wife
shall elect one benefit to receive.
SEC. 3534. COORDINATION OF BENEFITS--STATE WORKERS' COMPENSATION.
(a) In General.--An individual who is eligible to receive
compensation under this title because of a cancer (including a
specified cancer), chronic silicosis, covered beryllium illness, or
death and who is also entitled to receive benefits because of the same
cancer (including a specified cancer), chronic silicosis, covered
beryllium illness, or death from a State workers' compensation system
shall elect which such benefits to receive, unless--
(1) at the time of injury, workers' compensation coverage
for the employee was secured by a policy or contract of
insurance; and
(2) the Secretary of Labor waives the requirement to make
such an election.
(b) Election.--The individual shall make the election within the
time allowed by the Secretary of Labor. The election when made is
irrevocable and binding on all survivors of that individual.
(c) Coordination.--Except as provided in paragraph (d), an
individual who has been awarded compensation under this title and who
also has received benefits from a State workers' compensation system
because of the same cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death, shall receive
compensation as specified under this title reduced by the amount of any
workers' compensation benefits that the individual has received under
the State workers' compensation system as a result of the cancer
(including a specified cancer), chronic silicosis, covered beryllium
illness, or death attributable to the period subsequent to the
effective date of this title, after deducting the reasonable costs, as
determined by the Secretary of Labor, of obtaining benefits under the
State workers' compensation system.
(d) Waiver.--An individual described in paragraph (a) who has also
received, under paragraph (a)(2), a waiver of the requirement to elect
between compensation under this title and benefits under a State
workers' compensation system shall receive compensation as specified in
this title for the cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death, reduced by 80 percent
of the net amount of any workers' compensation benefits that the
claimant has received under a State workers' compensation system
attributable to the period subsequent to the effective date of this
title, after deducting the reasonable costs, as determined by the
Secretary of Labor, of obtaining benefits under the State workers'
compensation system.
SEC. 3535. COORDINATION OF BENEFITS--FEDERAL WORKERS' COMPENSATION.
(a) In General.--An individual who is eligible to receive
compensation under this title because of a cancer (including a
specified cancer), chronic silicosis, covered beryllium illness, or
death and who is also entitled to receive benefits because of the same
cancer (including a specified cancer), chronic silicosis, covered
beryllium illness, or death from another Federal workers' compensation
system shall elect which such benefits to receive.
(b) Election.--The individual shall make the election within the
time allowed by the Secretary of Labor. The election when made is
irrevocable and binding on all survivors of that individual.
(c) Coordination.--An individual who has been awarded compensation
under this title and who also has received benefits from another
Federal workers' compensation system because of the same cancer
(including a specified cancer), chronic silicosis, covered beryllium
illness, or death, shall receive compensation as specified under this
title reduced by the amount of any workers' compensation benefits that
the individual has received under the other Federal workers'
compensation system as a result of the cancer (including a specified
cancer), chronic silicosis, covered beryllium illness, or death.
SEC. 3536. RECEIPT OF BENEFITS--OTHER STATUTES.
An individual may not receive compensation under this title for
cancer and also receive compensation under the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) or the Radiation-Exposed
Veterans Compensation Act (38 U.S.C. 112(c)).
SEC. 3537. DUAL COMPENSATION--FEDERAL EMPLOYEES.
(a) Limitation.--While a Federal employee is receiving compensation
under this title, or such employee has been paid a lump sum in
commutation of installment payments until the expiration of the period
during which the installment payments would have continued, such
employee may not receive salary, pay, or remuneration of any type from
the United States, except--
(1) in return for service actually performed;
(2) pension for service in the Army, Navy or Air Force;
(3) other benefits administrated by the Department of
Veterans Affairs unless such benefits are payable for the same
covered illness or the same death; and
(4) retired pay, retirement pay, retainer pay, or
equivalent pay for service in the Armed Forces or other
uniformed service.
However, eligibility for or receipt of benefits under subchapter III of
chapter 83 of title 5, United States Code, or another retirement system
for employees of the Government, does not impair the right of the
employee to compensation for scheduled disabilities specified by
section 8107 of title 5, United States Code.
SEC. 3538. DUAL COMPENSATION--OTHER EMPLOYEES.
An individual entitled to receive compensation under this title
because of a cancer (including a specified cancer), chronic silicosis,
covered beryllium illness, or death covered by this title of a covered
employee, who also is entitled to receive from the United States under
a provision of a statute other than this title payments or benefits for
that injury, illness or death (except proceeds of an insurance policy),
because of service by such employee (or in the case of death, by the
deceased) as an employee or in the Armed Forces, shall elect which
benefits to receive. The individual shall make the election within the
time allowed by the Secretary of Labor. The election when made is
irrevocable, except as otherwise provided by statute.
SEC. 3539. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES,
CONTRACTORS, AND SUBCONTRACTORS.
(a) In General.--The liability of the United States or an
instrumentality of the United States under this title with respect to a
cancer (including a specified cancer), chronic silicosis, covered
beryllium illness, or death of a covered employee is exclusive and
instead of all other liability--
(1) of--
(A) the United States;
(B) any instrumentality of the United States;
(C) a contractor that contracted with the
Department of Energy to provide management and
operation, management and integration, or environmental
remediation of a Department of Energy facility (in its
capacity as a contractor);
(D) a subcontractor that provided services,
including construction, at a Department of Energy
facility (in its capacity as a subcontractor); and
(E) an employee, agent, or assign of an entity
specified in subparagraphs (A) through (D);
(2) to--
(A) the covered employee;
(B) the covered employee's legal representative,
spouse, dependents, survivors and next of kin; and
(C) any other person, including any third party as
to whom the covered employee has a cause of action
relating to the cancer (including a specified cancer),
chronic silicosis, covered beryllium illness, or death,
otherwise entitled to recover damages from the United
States, the instrumentality, the contractor, the
subcontractor, or the employee, agent, or assign of one
of them;
because of the cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death in any proceeding or
action including a direct judicial proceeding, a civil action, a
proceeding in admiralty, or a proceeding under a tort liability statute
or the common law.
(b) Applicability.--This section applies to all cases filed on
after July 31, 2000.
(c) Workers' Compensation.--This section does not apply to an
administrative or judicial proceeding under a State or Federal workers'
compensation statute subject to sections 3534 through 3538.
SEC. 3540 ELECTION OF REMEDY AGAINST BERYLLIUM VENDORS AND ATOMIC
WEAPONS EMPLOYERS.
(a) Beryllium Vendors.--If an individual elects to accept payment
under this title with respect to a covered beryllium illness or death
of a covered employee, that acceptance of payment shall be in full
settlement of all tort claims related to such covered beryllium illness
or death--
(1) against--
(A) a beryllium vendor or a contractor or
subcontractor of a beryllium vendor; and
(B) an employee, agent, or assign of a beryllium
vendor or of a contractor or subcontractor of a
beryllium vendor;
(2) by--
(A) that individual;
(B) that individual's legal representative, spouse,
dependents, survivors, and next of kin; and
(C) any other person, including any third party as
to whom a covered employee has a cause of action
relating to the covered beryllium illness or death,
otherwise entitled to recover damages from the
beryllium vendor, the contractor or subcontractor of
the beryllium vendor, or the employee, agent, or assign
of the beryllium vendor, of the contractor or
subcontractor of the beryllium vendor;
that arise out of the covered beryllium illness or death in any
proceeding or action including a direct judicial proceeding, a civil
action, a proceeding in admiralty, or proceeding under a tort liability
statute or the common law.
(b) Atomic Weapons Employer.--If an individual elects to accept
payment under this title with respect to a cancer (including a
specified cancer) or death of a covered employee, that acceptance of
payment shall be in full settlement of all tort claims--
(1) against--
(A) an atomic weapons employer; and
(B) an employee, agent, or assign of an atomic
weapons employer;
(2) by--
(A) that individual;
(B) that individual's legal representative, spouse,
dependents, survivors, and next of kin; and
(C) any other person, including any third party as
to whom a covered employee has a cause of action
relating to the cancer (including a specified cancer)
or death, otherwise entitled to recover damages from
the atomic weapons employer, or the employee, agent, or
assign of the atomic weapons employer;
that arise out of the cancer (including a specified cancer) or death in
any proceeding or action including a direct judicial proceeding, a
civil action, a proceeding in admiralty, or proceeding under a tort
liability statute or the common law.
(c) Applicability.--
(1) In general.--With respect to a case filed after the
date of enactment of this title, alleging liability of--
(A) a beryllium vendor or a contractor or
subcontractor of a beryllium vendor for a covered
beryllium illness or death of a covered beryllium
employee; or
(B) an atomic weapons employer for a cancer
(including a specified cancer) or death of a covered
employee;
the plaintiff shall not be eligible for benefits under this
title unless the plaintiff files such case within the
applicable time limits in paragraph (2).
(2) Time limits.--
(A) Suits against beryllium vendors.--Except as
provided in subparagraph (B), a case described in
paragraph (1)(A) shall be filed not later than the
later of--
(i) 180 days after the date of enactment of
this title; or
(ii) 180 days after the date the plaintiff
first becomes aware that a covered beryllium
illness or death of a covered beryllium
employee may be connected to the exposure of
the covered employee to beryllium in the
performance of duty.
(B) New diagnoses.--A new period of limitation
under subparagraph (A)(ii) shall commence with each new
diagnosis of a covered beryllium illness that is
different from a previously diagnosed covered beryllium
illness.
(C) Suits against atomic weapons employers.--Except
as provided in subparagraph (D), a case described in
paragraph (1)(B) shall be filed not later than the
later of--
(i) 180 days after the date of enactment of
this title; or
(ii) 180 days after the date the plaintiff
first becomes aware that a cancer (including a
specified cancer) or death of a covered
employee may be connected to the exposure of
the covered employee to radiation in the
performance of duty.
(D) New diagnoses.--A new period of limitation
under subparagraph (C)(ii) shall commence with each new
diagnosis of a cancer (including a specified cancer)
that is different from a previously diagnosed cancer.
(c) Workers' Compensation.--This section does not apply to an
administrative or judicial proceeding under a State or Federal workers'
compensation statute subject to sections 3534 through 3538.
SEC. 3541. SUBROGATION OF THE UNITED STATES.
(a) In General.--If a cancer (including a specified cancer),
covered beryllium illness, chronic silicosis, disability, or death for
which compensation is payable under this title is caused under
circumstances creating a legal liability in a person other than the
United States to pay damages, sections 8131 and 8132 of title 5, United
States Code, shall apply, except to the extent specified in this title.
(b) Appearance of Employee.--For the purposes of this title, the
provision in section 8131 of title 5, United States Code, that provides
that an employee required to appear as a party or witness in the
prosecution of an action described in that section is in an active duty
status while so engaged shall only apply to a Federal employee.
SEC. 3542. ENERGY EMPLOYEES' OCCUPATIONAL ILLNESS COMPENSATION FUND.
(a) Establishment.--There is hereby established on the books of the
Treasury a fund to be known as the Energy Employees' Occupational
Illness Compensation Fund. The Secretary of the Treasury shall transfer
to the Fund from the general fund of the Treasury the amounts necessary
to carry out the purposes of this title.
(b) Use of the Fund.--Amounts in the Fund shall be used for the
payment of compensation under this title and other benefits and
expenses authorized by this title or any extension or application
thereof, and for payment of all expenses of the administration of this
title.
(c) Cost Determinations.--(1) Within 45 days of the end of every
quarter of every fiscal year, the Secretary of Labor shall determine
the total costs of compensation, benefits, administrative expenses, and
other payments made from the Fund during the quarter just ended; the
end-of-quarter balance in the Fund; and the amount anticipated to be
needed during the immediately succeeding two quarters for the payment
of compensation, benefits, and administrative expenses under this
title.
(2) In making the determination under paragraph (1), the Secretary
of Labor shall include, without amendment, information provided by the
Secretary of Energy and the Secretary of Health and Human Services on
the total costs and amounts anticipated to be needed for their
activities under this title.
(3) Each cost determination made in the last quarter of the fiscal
year under paragraph (1) shall show, in addition, the total costs of
compensation, benefits, administrative expenses, and other payments
from the Fund during the preceding 12-month expense period and an
estimate of the expenditures from the Fund for the payment of
compensation, benefits, administrative expenses, and other payments for
each of the immediately succeeding two fiscal years.
(d) Assuring Available Balance in the Fund.--Upon application of
the Secretary of Labor, the Secretary of the Treasury shall advance
such sums from the Treasury as are projected by the Secretary of Labor
to be necessary, for the period of time equaling the date of a
projected deficiency in the Fund through 90 days following the end of
the fiscal year, for the payment of compensation and other benefits and
expenses authorized by this title or any extension or application
thereof, and for payment of all expenses of administering this title.
SEC. 3543. EFFECTIVE DATE.
This title is effective upon enactment, and applies to all claims,
civil actions, and proceedings pending on, or filed on or after, the
date of enactment of this title.
SEC. 3544. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 1920 of title 18 is amended by inserting in the title
``or Energy employee's'' after ``Federal employee's'' and by inserting
``or the Energy Employees' Occupational Illness Compensation Act of
2000'' after ``title 5''.
(b) Section 1921 of title 18 is amended by inserting in the title
``or Energy employees'' after ``Federal employees'' and by inserting
``or the Energy Employees' Occupational Illness Compensation Act of
2000'' after ``title 5''.
(c) Section 210(a)(1) of the Energy Reorganization Act of 1974 (42
U.S.C. 5851(a)(1)) is amended by--
(1) in subparagraph (E), striking ``or;'' and inserting
``;'',
(2) in subparagraph (F), striking the period and inserting
``; or'', and
(3) after subparagraph (F) inserting a new subparagraph as
follows:
``(G) filed an application for benefits or
assistance under the Energy Employees Occupational
Illness Compensation Act of 2000''.
(d) Title II of the Department of Energy Organization Act (P.L. 95-
91) is amended by adding at the end of the title the following:
``office of workers' compensation advocate
``Sec. 217. (a) There shall be within the Department an Office of
Workers' Compensation Advocate. The Office shall be headed by a
Director who shall be appointed by the Secretary. The Director shall be
compensated at the rate provided for in level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
``(b) The Director shall be responsible for providing information,
research reports, and studies to support the implementation of the
Energy Employees' Occupational Illness Compensation Act of 2000. Not
later than 90 days after the date of enactment of this section, the
Director shall enter into memoranda of agreement to provide for
coordination of the efforts of the office with the Department of Labor
and the Department of Health and Human Services.
``(c) The Director shall coordinate efforts within the Department
to collect and make available to present and former employees of the
Department and its predecessor agencies, present and former employees
of contractors and subcontractors to the Department and its predecessor
agencies, and other individuals who are or were present at facilities
owned or operated by the Department or its predecessor agencies
information on occupational conditions and exposures to health hazards.
Such information shall include information on substances and their
chemical forms to which employees may have been exposed, records and
studies relevant to determining occupational hazards, raw dosimetry and
industrial hygiene data, results from medical screening programs,
accident and other relevant occurrence reports, and reports,
assessments, or reviews by contractors, consultants, or external
entities relevant to assessing risk of occupational hazards or illness.
``(d) If the Director determines that--
``(1) an entity within the Department or an entity that is
the recipient of a Departmental grant, contract, or cooperative
agreement possesses information necessary to carry out the
provisions of the Energy Employees' Occupational Illness
Compensation Act of 2000; and
``(2) the production and sharing of that information under
the provisions of the Energy Employees' Occupational Illness
Compensation Act of 2000 is being unreasonably delayed;
the Director shall have the authority, notwithstanding section 3213 of
the National Nuclear Security Administration Act, to direct such entity
to produce expeditiously such information in accordance with the
provisions of this section and the Energy Employees' Occupational
Illness Compensation Act of 2000.
``(e) The Director shall take actions to inform and assist
potential claimants under the Energy Employees' Occupational Illness
Compensation Act of 2000, pursuant to section 3515(e) of such Act.''.
Passed the Senate July 13, 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 2552
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AN ACT
To authorize appropriations for fiscal year 2001 for defense activities
of the Department of Energy, and for other purposes.
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